The purpose of this article is to protect the
public health, safety and welfare of Guilford residents by ensuring
proper maintenance and repair of privately owned and operated on-site
wastewater disposal systems that discharge large amounts of effluent
into the groundwaters or surface waters within the Town of Guilford.
This article applies to all community and common on-site wastewater
disposal systems serving one or more structures that are owned, operated
or maintained by a nongovernmental entity.
As used in this article, the following terms
shall have the meanings indicated:
ALTERNATIVE TECHNOLOGY WASTEWATER DISPOSAL TREATMENT SYSTEM
(ATWDTS)
Any community on-site alternative wastewater disposal systems
serving one or more structures that have a design flow capacity in
excess of 5,000 gallons of effluent per day and that are owned, operated
or maintained by a nongovernmental entity, including any individual
septic tanks, pumps, lines, treatment facilities, drainfields, reserve
fields, lift stations and appurtenances thereto that are part of such
system.
COMMUNITY SEPTIC SYSTEM
On-site sewerage system serving one or more residences in
separate structures which utilizes conventional septic system or ATWDTS
technology for treatment of domestic wastewater.
OPERATOR
A person, corporation, association or other entity that is
responsible for the day to day operation and maintenance of the community
ATWDTS and ensuring compliance with all permits and applicable federal,
state and local laws and regulations.
OWNER
A person, corporation, association or other legal entity
that owns the facilities and assets of the community or common septic
system. The owner may also be the operator if it meets all the requirements
of this article for an operator.
TOWN
The Town of Guilford.
WPCA
The Water Pollution Control Authority of the Town of Guilford
or any successor thereto as designated by the Board of Selectman.
No new community or common septic system shall
be constructed, installed or operated within the Town unless the following
conditions have been met:
A. Permits. All required final permits shall be obtained
from governmental authorities having jurisdiction over the construction
and operation of such systems, including but not limited to the State
of Connecticut Department of Environmental Protection, the State of
Connecticut Department of Health and the Town of Guilford. The owner
will supply copies of all such permits and approvals to the WPCA.
The owner shall likewise notify the WPCA upon the expiration, revocation
or modification of all permits.
B. Operation and maintenance and replacement reserves escrow agreement. The owner(s) of community or common septic systems shall have entered into an escrow agreement or agreements on forms satisfactory to the WPCA providing for operation and maintenance and replacement reserves pursuant to §
228-20 of this article.
C. Certificate of compliance for community ATWDTS. The
WPCA shall have received a copy of the certificate of compliance from
a professional engineer with expertise in wastewater systems stating
that the ATWDTS as designed and constructed will adequately process
sanitary sewage and waste as required by and in conformance with all
applicable laws and permits.
D. Contracts and certifications. The WPCA shall have
received a copy of the current contract between the owner and the
operator, if applicable, and copies of all current licenses and certificates
required by federal, state or local law and regulations for persons
operating the ATWDTS.
E. Other requirements. The common and community septic
systems shall meet such other requirements as may be determined by
the WPCA.
The owners shall establish, maintain and fund,
on a yearly basis, an operation and maintenance reserve in an amount
sufficient to fund the yearly cost of at least five years of monitoring,
inspection, operation, maintenance and repair of the ATWDTS, community
or common septic system. In addition, the owner shall establish and
fund a replacement reserve in an amount sufficient to fund at least
50% of the anticipated replacement costs of the community or common
septic system, including the anticipated costs of replacement or reconstruction
of the collection system treatment plant, ATWDTS and drainfields.
Such reserve funds shall be established pursuant to the declaration
of or equivalent covenants and restrictions forms maintained by the
WPCA; and shall provide for the prompt replenishment of all amounts
expended from the reserves.
The WPCA may exercise such additional powers
with respect to the community or common septic systems that are or
may be granted to WPCAs under applicable federal, state and local
laws and regulations.