[HISTORY: Adopted by the Town of Newtown
as indicated in article histories. Amendments noted where applicable.]
[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.
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.
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.
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.
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.
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.
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.
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.
