[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 7-2-2012. Amendments noted where applicable.]
Sewers — See Ch. 184.
Waterways — See Ch. 216.
Editor's Note: This ordinance also repealed former Ch. 71, Water Pollution Control Authority, adopted by Town Meeting 7-11-1972, as amended.
The Town of Brookfield does hereby authorize the Water Pollution Control Authority, created in 1974, to serve as the Sewer Authority of the Town, hereinafter "Authority." Such Authority shall have all powers and duties of a municipal water pollution control authority as provided by Chapter 103 of the Connecticut General Statutes, Revision of 1958, as amended.
The Water Pollution Control Authority shall consist of five members and three alternates, who shall be appointed by the Board of Selectmen in accordance with the provisions of the Town Charter. (See §§ C4-12 and C7-4, Town Charter, revision of November 6, 2007.) The qualifications of said members and alternates shall be as set forth in Exhibit A of the Town Charter. Alternates may participate fully in all meetings of the Authority, except that only seated alternates may vote on a particular matter. In the event of a vacancy or an absence or disqualification of a member, the Chairman or other presiding officer shall seat and designate an alternate member to vote at the meeting.
The procedures of the Authority, including election of officers, shall be as set forth in the Town Charter (See § C7-1, Town Charter, revision of November 6, 2007.), subject to the following additional requirements:
Regular meetings of the Authority shall generally be held not less than once a month.
The Authority shall maintain separate books and records of account for transactions relating to operation of the sewerage system and Authority-financed capital improvements.
The Authority shall operate in accordance with the requirements of the Connecticut General Statutes and as an Enterprise Fund in accordance with the current rules of Government Accounting Standards Board, GASB.
The Authority shall have authority in the name and on behalf of the Town:
To do any and all things necessary or appropriate to construct any sewerage system authorized by the Town, including, but not in limitation thereof, the taking and holding by purchase, condemnation or otherwise of the whole or any part of any real property or interest therein which it may determine to be necessary or desirable for use in connection therewith; to apportion and assess lands and buildings in the Town which shall, in its judgment, be specially benefited thereby and upon the owners of such lands and buildings in such proportions as it may deem equitable; to establish such charges as it may deem proper for connections with and the use of said sewerage system; and to maintain and operate said system, and to exercise such other powers of a municipal water pollution control authority, all in accordance with, as provided by, the provisions of Chapter 103 of the Connecticut General Statutes, Revision of 1958, as amended.
To establish and revise rules and regulations for the supervision, management, control and operation and use of the sewerage system, including rules and regulations prohibiting the discharge into the sewerage system of any sewage or any stormwater runoff which, in the opinion of the Authority, will adversely affect any part or any process of the sewerage system.
To fulfill contracts entered into between the Town and other municipalities to obtain sewerage system service.
Through its Chairman, to execute and file applications and agreements with the Connecticut Department of Energy and Environmental Protection for state grants and/or advances pursuant to the provisions of Chapter 446k of the Connecticut General Statutes, Revision of 1958, as amended, and to execute all the applications, instruments and documents and accept payments and do all other things that may be necessary for state grants and/or advances, and to apply for and accept any and all federal grants-in-aid in connection with the sewerage system.
On or before the April 15 of each year, the Authority shall prepare and submit to the Board of Selectmen its proposed operating and capital expenditures budgets for the ensuing fiscal year. The budgets shall be prepared on an accrual basis. The Board of Selectmen shall return the Board's formal written comments on the proposed budgets, if any, for consideration by the Authority not later than May 20. Thereafter, not later than the fourth Wednesday of June, the Authority shall adopt its operating and capital expenditures budgets for the ensuing fiscal year and file the same with the Town Clerk. Copies of said budgets shall be forwarded to the Board of Selectmen and the Board of Finance by the Authority at the time of said filing.
The capital budget shall set forth in detail the Authority's estimate of the capital expense to be incurred in the ensuing fiscal year, including the cost of engineering and other professional services associated with capital expense items. Any expenditure for a project requiring Planning Commission approval pursuant to Section 8-24 of the General Statutes, other than an expenditure associated with preliminary studies and planning, shall be considered expenditure for a capital item.
The operating budget shall set forth in detail the Authority's estimate for the ensuing fiscal year of the revenue to be received from sewer user charges, sewer connection fees, capital cost recovery fees, miscellaneous fees, and from municipal, state and federal grants in aid of capital projects and other income; the expense to be incurred in the operation, rehabilitation, repair and maintenance of the sewerage system, including interest on bonded indebtedness and the Authority's estimate of the fees to be paid to the City of Danbury pursuant to the provisions of the Interlocal Agreement between Danbury and Brookfield dated April 3, 1974, as amended by agreement dated April 9, 1992, and as the same hereafter may be further amended, and including the cost of engineering and other professional services attributable to the operation and maintenance of the sewerage system; and a reasonable reserve to meet depreciation, interest and reserves for infrastructure replacement, contingencies and unanticipated expense.
The Authority shall establish and levy, in the manner prescribed by Section 7-255 of the General Statutes, fair and reasonable charges and fees for connection with and for the use of the municipal sewerage system. The revenue to be derived from such charges, together with other revenue available to the Authority for operations, shall be sufficient to pay all projected expense to be incurred by the Authority in the operation and maintenance of the sewerage system for the ensuing fiscal year. Revenue surplus, if any, may be used as a source of funds to offset user charges in subsequent fiscal years.
As provided by Section 7-249 of the General Statutes, as amended, revenue from the assessment of benefits shall be used solely for the acquisition or construction of the sewerage system providing such benefits and for the payment of principal and interest on bonds or notes issued to finance such acquisition or construction.
The Authority shall determine the most effective way to finance capital projects. If project bond funds are obtained using the full faith and credit of the Town, so as to obligate the Town, a payment plan shall be developed between the WPCA and the Town Controller, subject to the review of the Board of Finance.
On or before October 1 of each year, the Authority shall prepare an annual financial report setting forth a summary of the Authority's financial affairs for the most recently completed fiscal year. The report shall be prepared on an accrual basis. The report shall be in such form as required for the inclusion of such Authority financial information in the Town of Brookfield annual audited financial statements. The Authority shall file the report with the Controller and shall provide a copy thereof to the Board of Selectmen and the Board of Finance at the time of such filing. The Board of Selectmen or the Board of Finance may make formal fiscal recommendations to the Authority based on such annual financial report not later than December 31 next ensuing. The Authority shall consider any such recommendations in its next ensuing budget deliberation.
The Authority shall notify the Board of Selectmen of any proposed extension of the municipal sewerage system by an applicant or member of the public that, after preliminary review, it is willing to consider for approval and shall forward to the Board of Selectmen all information submitted in support of said proposal, petition or request. The Board of Selectmen shall submit its comments and recommendations to the Authority within 45 days of receipt of said notification from the Authority; provided, however, that the Board of Selectmen may request and be entitled to one thirty-day extension of said comment and recommendation period. The Authority shall defer further action with respect to such proposed extension until either it receives the comments and recommendations of the Board of Selectmen or said comment and recommendation period has elapsed.
Upon consideration by the Authority, after preliminary review, of any proposal for sewerage system expansion or for a capital improvement not contained in the Authority's capital budget, excluding repairs, replacements or substitutions to existing facilities, the Authority shall notify the Board of Selectman of said proposal and shall forward to the Board of Selectmen all information which is available concerning said proposal. The Board of Selectmen shall submit its comments and recommendations concerning said proposal to the Authority within 35 days of receipt of said notification from the Authority. The Authority shall defer further action with respect to such proposal until either it receives the comments and recommendations of the Board of Selectmen or said thirty-five-day period for comment has elapsed.