Town of Newtown, CT
Fairfield County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Newtown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 560.
Zoning — See Ch. 595.
Water and Sewer Authority — See Ch. 690.
[Adopted by the Legislative Council 7-18-1990 (Ord. No. 69)]
This article governs the removal, transportation, and disposal of all materials removed from any septic tank, cesspool, privy, and/or subsurface disposal system, hereafter known as "septage," generated in the Town of Newtown. This article provides minimum operating and administrative standards for the removal and disposal of septage per Sections 19-13-B104b and 19-13-B104c of the Connecticut Public Health Code.
A. 
In accordance with Section 19-13-B104c(2)(B) of the Connecticut Public Health Code, all organizations pumping septage within Newtown shall first obtain a pumper's annual operating permit for the removal, transportation, and disposal of septage from the Director of Health or his/her agent. Application for such permit shall require presentation of:
(1) 
A valid license for transport and disposal of septage issued by the State of Connecticut in accordance with Section 20-341 of the Connecticut General Statutes; and
(2) 
In the event the septage hauler utilizes the Danbury Municipal Treatment Facility, a valid permit for transport and disposal of septage issued by the City of Danbury Health Department.
B. 
Renewal of the pumper's annual operating permit shall be on a yearly calendar basis, and applications shall be made on a form furnished by the Town of Newtown.
A. 
The Town of Newtown shall issue a sticker which shall be displayed by the vehicles of each pumper permitted by the Town of Newtown. The sticker shall include the name of the Town of Newtown, the name of the permittee, the date of expiration of the annual permit, and the current State of Connecticut motor vehicle registration number of the permittee's vehicle.
B. 
All vehicles used for the collecting and transporting of septage shall bear the name of the organization conducting such activities. Such vehicles shall be maintained in a clean exterior condition at all times.
C. 
Method and location of all septage disposal shall be approved by the Newtown Director of Health or his/her agent. Disposal of material other than domestic septage shall require approval of the Director of Health and, in the event of disposal in Danbury, the approval of the Danbury Public Utilities Department. All permittees are required to allow spot sampling and inspection by employees or agents of the Town of Newtown and, if applicable, the City of Danbury.
D. 
Organizations authorized to pump septic systems in Newtown and use the Danbury disposal facility shall first obtain septage pumping permits from the Newtown Director of Health or his/her agent. All such permits shall be numbered and bear the name of the Town of Newtown. Two of the four copies of such permit shall be turned in to the operator of the disposal facility in Danbury.
A. 
Upon completion of pumping, the pumper shall sign the septage pumping permit and certify the number of gallons pumped. A copy of said permit shall be retained by the pumper, a copy shall be forwarded by the pumper to the owner of the property pumped, and two copies shall be turned in to the operator of the disposal facility in Danbury where applicable. At the end of each calendar month, copies of all said permits issued in Newtown for septage pumped in Newtown and disposed of in Danbury will be returned by Danbury to Newtown.
B. 
Pumpers shall be billed monthly by Danbury for their use of the Danbury disposal facility to dispose of septage generated in Newtown.
C. 
Fees charged to pumpers by Danbury for their use of the Danbury disposal facility shall be based upon septage pumping permit copies documenting Newtown septage processed at the Danbury disposal facility and a formula used to calculate Danbury's cost to process septage as agreed to by Newtown in Schedule A of the "Interlocal Agreement for Disposal of Septage" dated November 6, 1984.
A. 
The owner of any organization which pumps or disposes of septage without permits as required in this article or is found to be in violation of this article by the Director of Health shall be subject to a fine of $50 for the first violation. Subsequent violations may subject owners to termination by the Director of Health of their pumper's annual operating permit for one year. Owners may appeal the termination of said permit by filing a written notice of appeal with the First Selectman within 14 days of termination. The Board of Selectmen shall hear the appeal at their next regular meeting following receipt of the notice of appeal. The appeal will be decided by a majority of the Board of Selectmen.
B. 
If a pumper licensed by the Town of Newtown delivers to the Danbury disposal facility any discharge of material collected in the Town of Newtown prohibited by Section 2.2 of the "Interlocal Agreement for Disposal of Septage Waste," then the Town of Newtown shall hold harmless and indemnify the City of Danbury from any and all claims, damages, losses, expenses, or enforcement actions, including reasonable attorney's fees, which may arise from said discharge. The owners of the pumper discharging prohibited material shall be liable for all claims, damages, losses, expenses, or enforcement actions, and including reasonable attorney's fees incurred by the Town of Newtown relative to such discharge or any other discharge under this article.
C. 
Any septage pumping organization that fails to pay within 30 days invoices for septage disposed of at the Danbury disposal facility shall have its pumper's annual operating permit to pump septage in Newtown terminated for one year.
A. 
There shall be established a fund not to exceed $200,000, excluding interest, to be held by the Financial Director of the Town for the purpose of self-insuring the Town against any liability accruing from the indemnification provision set forth in § 195-5B above and in the "Interlocal Agreement for the Disposal of Septage Waste." The Board of Selectmen shall assess a fee to be added to the cost of every septage pumping permit issued by the Department of Health of the Town of Newtown, which fees shall be used to establish the aforesaid fund and to maintain said fund in the event that any payments shall be required to be made by the Town to the City of Danbury, as aforesaid.
B. 
The Financial Director is authorized to establish with any banking institution an account into which said payments shall be deposited and out of which any required payments shall be made. Any sums not expended from said account shall remain in said account to be expended for the aforestated purposes and shall not revert to the general fund at the end of any fiscal year. All interest earned by said fund shall become a part of said account. The First Selectman shall determine when said account is fully funded, and thereafter the fees generated shall be transferred to the general fund subsequent to the full funding of said account. If, in the First Selectmen's sole discretion, the account shall have been drawn upon and funds shall be required to replenish said account, said fees shall be diverted from time to time into the aforesaid account as needed to maintain the required balance in said account.
[Adopted by the Legislative Council 10-21-1998 (Ord. No. 77)]
A. 
Pursuant to Section 7-246(a) of the Connecticut General Statutes, any municipality may, by ordinance, create a new board or commission to be designated as the water pollution control authority for such municipality.
B. 
By ordinance of the Town of Newtown, the Town has designated the Water and Sewer Authority of the Town of Newtown (hereafter, the "WSA") as its water pollution control authority for the purpose of exercising all powers granted to water pollution control authorities by Chapter 103 of the Connecticut General Statutes.
[Amended 8-22-2007 by Ord. No. 90]
C. 
Pursuant to Section 7-247 of the Connecticut General Statutes, any municipality, by its water pollution control authority, may establish rules and regulations for the supervision, management, control, operation and use of a sewerage system.
D. 
Section 7-148(b)(1) of the Connecticut General Statutes requires that the exercise of powers granted to any municipality which has the effect of establishing rules or regulations of general municipal application, the violation of which may result in the imposition of a fine or other penalty, must be exercised by ordinance.
E. 
The WPCA has promulgated Town of Newtown Sewer Use Regulations (the "Sewer Use Regulations") in accordance with the provisions of, and the authority granted by, said Section 7-247 of the Connecticut General Statutes.[1]
[1]
Editor's Note: See Chapter 690, Part 1, Sewer Use Regulations.
F. 
Such Sewer Use Regulations, as originally promulgated by the WPCA and as they may be amended from time to time, shall be on file and available for public inspection in the office of the WPCA and in the office of the Town Clerk.
G. 
Such Sewer Use Regulations authorize the issuance of sewer usage connection permits, set forth general sewer usage requirements and prohibitions, authorize the levy of sewer usage charges, authorize the levy of benefit assessments, and authorize the issuance of notices of violation and the assessment of penalties for the violation of such provisions.
H. 
Such Sewer Use Regulations shall be of general municipal application, the violation of which may result in the imposition of a fine or other penalty.
I. 
Pursuant to Section 7-253a of the Connecticut General Statutes, any municipality may, by ordinance, permit any property owner who is eligible for tax relief as set forth therein to apply to the WPCA for approval of an optional method of payment of sewer assessments, as adopted by the WPCA on February 12, 1998.
Any amendment to the Sewer Use Regulations, as adopted by the WPCA on February 12, 1998, as amended, which has the effect of adding or changing any penalty provision shall not be effective unless adopted by an ordinance amending this article, and any amendment to the Sewer Use Regulations which has the effect of approving any optional method of payment pursuant to Section 7-253a of the Connecticut General Statutes and § 195-14 of this article shall be effective upon adoption by the WPCA without amendment to this article.
In accordance with Section 2.1.2 of the Sewer Use Regulations as adopted by the WPCA on February 12, 1998, as amended,[1] any person who fails to connect to public sewers within the prescribed time frame after being so ordered by the WPCA in accordance with such applicable provisions of the Sewer Use Regulations and the Connecticut General Statutes, including, without limitation, Section 7-257, shall be liable to a penalty of $10 per day so long as such violation shall continue.
[1]
Editor's Note: See Ch. 690, Part 1, Sewer Use Regulations, § 690-8B.
In accordance with Section 7.8 of the Sewer Use Regulations as adopted by the WPCA on February 12, 1998, as amended,[1] and the Connecticut General Statutes, including, without limitation, Section 7-254, the Town is hereby authorized to levy interest charges and lien fees on any delinquent sewer benefit assessments. Interest shall be determined at the rate and in the manner provided by the Connecticut General Statutes for delinquent property taxes.
[1]
Editor's Note: See Ch. 690, Part 1, Sewer Use Regulations, § 690-47.
In accordance with Section 5.5 of the Sewer Use Regulations as adopted by the WPCA on February 12, 1998, as amended,[1] and the Connecticut General Statutes, including, without limitation, Section 7-258, the Town is hereby authorized to levy interest charges and lien fees on any delinquent sewer use charges. Interest shall be determined at the rate and in the manner provided by the Connecticut General Statutes for delinquent property taxes.
[1]
Editor's Note: See Ch. 690, Part 1, Sewer Use Regulations, § 690-30.
In accordance with Section 4.3.2 of the Sewer Use Regulations as adopted by the WPCA on February 12, 1998, as amended,[1] unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 1 1/2% of the unpaid balance, and interest shall accrue thereafter at a rate of 1 1/2% per month. Such unpaid charges, fines and penalties shall constitute a lien upon the real estate against which such charge, fine or penalty was levied from the date of such levy and may be continued, recorded, released and enforced in the manner provided by the Connecticut General Statutes for delinquent benefit assessments and delinquent use charges in accordance with Sections 7-254 and 7-258, respectively. The First Selectman or his designee is authorized to designate the Tax Collector, with respect to delinquent benefit assessments, or any other person, with respect to other charges, fines and penalties, as the collector of such charges, fines, and penalties, and such official shall have all powers of collection delegated pursuant to the Connecticut General Statutes, including, without limitation, Sections 7-254 and 7-258, for the collection of benefit assessments and use charges.
[1]
Editor's Note: See Ch. 690, Part 1, Sewer Use Regulations, § 690-21B.
In accordance with Section 4.5 of the Sewer Use Regulations as adopted by the WPCA on February 12, 1998, as amended,[1] in addition to any charges, fines or penalties provided by such Sewer Use Regulations, the Town, acting by the WPCA, may recover reasonable attorney's fees, court costs, the cost of any actual damages incurred by the Town and other expenses related to the enforcement of such Sewer Use Regulations at the same rate and in the same manner as provided by the Connecticut General Statutes for the enforcement of real property taxes.
[1]
Editor's Note: See Ch. 690, Part 1, Sewer Use Regulations, § 690-23.
In accordance with Section 7.10 of the Sewer Use Regulations as adopted by the WPCA on February 12, 1998, as amended,[1] and pursuant to the Connecticut General Statutes, including, without limitation, Section 7-253a, the Town of Newtown shall permit any property owner who is eligible for tax relief for (1) elderly taxpayers under the provisions of Section 12-129b of the Connecticut General Statutes, Section 12-170aa of the Connecticut General Statutes, or a plan of tax relief for elderly taxpayers provided by the Town of Newtown in accordance with Subdivision (1) of Subsection (a) of Section 12-129n of the Connecticut General Statutes, or (2) any property owner under age 65 who is eligible under the provisions of a plan for tax relief provided by the Town of Newtown in accordance with Subdivision (2) of Subsection (a) of Section 12-129n of the Connecticut General Statutes, to apply to the WPCA for approval of a plan of payment of such property owner's sewer assessment in a manner otherwise than as provided for substantially equal annual installments under the Sewer Use Regulations in accordance with Section 7-253 of the Connecticut General Statutes. The WPCA is hereby authorized (by procedures to be set forth in the Sewer Use Regulations, which procedures may be amended by the WPCA without an amendment to this article) to approve such optional methods of payment of any sewer assessment by an eligible property owner, including an option to pay only the annual interest charge on any deferred payments or outstanding balance of principal, provided in any such optional method of payment the outstanding balance of principal deferred under such optional method of payment shall become due upon any transfer of title to the property subject to such assessment to a noneligible person, provided that a transfer to an eligible person shall be exempt from this provision only if such eligible person applies to the WPCA and receives approval of an optional payment method as provided herein, or upon the death of such property owner. Any such optional method shall be subject to annual review by the WPCA and may be continued, discontinued or revised in accordance with procedures set forth in the Sewer Use Regulations.
[1]
Editor's Note: See Ch. 690, Part 1, Sewer Use Regulations, § 690-49.
The intent of this article, by referring to certain corresponding sections of the Sewer Use Regulations, is to clarify that this article does not adopt or approve such regulations in their entirety, but only such corresponding sections.