[HISTORY: Adopted by the Board of Selectmen
of the Town of Brookfield 7-2-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 71,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:
A.
Regular
meetings of the Authority shall generally be held not less than once
a month.
B.
The
Authority shall maintain separate books and records of account for
transactions relating to operation of the sewerage system and Authority-financed
capital improvements.
C.
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:
A.
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.
B.
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.
C.
To
fulfill contracts entered into between the Town and other municipalities
to obtain sewerage system service.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.