[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 10-5-2015. Amendments noted where applicable.]
Water Pollution Control Authority — See Ch. 71.
Building construction — See Ch. 96.
Sewers — See Ch. 184.
Subdivision water and sewer systems — See Ch. 234.
There is hereby enacted an On-Site Subsurface Sewage Disposal System (SSDS) Ordinance to regulate and control the design, construction, operation and maintenance of on-site sewage disposal systems serving single-family and multiple-family homes or small commercial business with an SSDS having a capacity of 5,000 gallons per day or less in the Town of Brookfield. The purpose of this article is to promote the health and welfare of the residents of the Town of Brookfield by requiring tracking and maintenance of said sewage disposal systems to prevent their malfunction and to provide for the correction of malfunctioning sewage disposal systems.
Sections 19-13-B103a through 19-13-B103f and Section 19-13-B100a of the Regulations of Connecticut State Agencies, and all amendments thereto hereinafter adopted, are hereby incorporated by reference in this article and made a part hereof. Said sections are hereinafter referred to as the "Public Health Code." However, no on-site sewage disposal system which is in existence on the effective date of this article shall be required to conform to the design and construction provisions of the Public Health Code unless said system malfunctions. In the event of malfunction, all portions of the system which require repair shall be repaired in accordance with all requirements of the Public Health Code, subject to variances which may be granted pursuant to the provisions of Sections 19-13-B103d and 19-13-B100a (f) of said code.
Editor's Note: Said Public Health Code is on file in the Town offices.
An on-site sewage disposal system shall be deemed to be a malfunctioning system if sewage is allowed to discharge or flow from it into any storm drain, stream, gutter, street, roadway or a public place or if sewage discharges from said system to the surface of any private property so as to create a nuisance or condition detrimental to health.
All on-site sewage disposal systems constructed after the effective date of this article shall be designed and constructed in accordance with all requirements of the Public Health Code, subject to variances which may be granted to the provisions of Section 19-13-B103d of said code.
It shall be unlawful for any owner or occupant of any single-family or multifamily home or small commercial business with an SSDS having a capacity of 5,000 gallons per day or less to discharge sewage into an SSDS unless an operating permit authorizing said discharge has previously been obtained from the Health Director of the Town of Brookfield, or his duly authorized representative.
For all new and repaired systems, a permit to discharge shall be issued, following an on-site inspection of the sewage disposal system by the Health Director or his representative, which inspection discloses proper installation and/or repair.
The Health Director and his representatives, under authority of Connecticut Public Health Code Section 19a-206, shall have the right of entry onto any land in the Town of Brookfield for the purposes of conducting inspections of sewage disposal systems and performing such tests as the Health Director or his representative, in his discretion, determines are advisable for the purpose of disclosing whether or not said system is malfunctioning and, hence, there is just cause to suspect that a public nuisance may exist.
A comprehensive wastewater compliance management system will be instituted for the purpose of electronically monitoring compliance with this chapter. It will include secure public and contractor access, tracking, notifications and periodic reports. A regulatory management company will be selected at the discretion of the Board of Selectmen, upon recommendation of the Director of Health.
Enforcement of this chapter and of the Public Health Code shall be the responsibility of the Director of Health of the Town of Brookfield and his duly authorized representative. Said representatives shall include, but shall not be limited to, the Sanitarian of the Town of Brookfield, the Director of Public Works of the Town of Brookfield and such field inspectors as are employed by the Town of Brookfield for purposes of enforcing the provisions of this chapter.
If a sewage disposal system is determined by the Health Director or his representative to be malfunctioning, the following actions shall be taken by said Health Director or his representative:
The permit to discharge for said sewage disposal system shall be revoked and the owner of the premises served by said sewage disposal system shall be given notice of said revocation and of said violation and shall be ordered to immediately abate said violation.
The Health Director or his representative shall immediately cause the notice of violation and a copy of the abatement order to be recorded on the Brookfield Health Department records. Said notice of violation shall be released and discharged of record by the Health Director or his representative when the abatement order has been fully complied with and the sewage disposal system is no longer malfunctioning. At such time, a new operating permit shall be issued.
The Health Director or his representative shall have the right to seek judicial relief to enforce his orders for the abatement of any violations of the provisions of the Public Health Code or of this article.
Failure on the part of a septic hauler to obtain and/or pay for a permit to pump may result in the loss of registration to pump septic systems within the Town of Brookfield. See Section 182-11(D) below.
Any property owner who has issued a notice of violation and abatement order by the Health Director or his representative shall have the right to appeal said notice of violation and abatement order to the Commissioner of Health of the State of Connecticut pursuant to the provisions of Section 19a-229 of the Connecticut General Statutes, a copy of which is attached hereto as Exhibit A.
Editor's Note: Exhibit A reads as follows: "§ 19a-229. (Formerly Sec. 19-103.) Appeal. Any person aggrieved by an order issued by a town, city or borough director of health may appeal to the Commissioner of Public Health, not later than three business days after the date of such person's receipt of such order, who shall thereupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order."
The Health Director or his representative is hereby authorized to issue a temporary permit to discharge allowing the discharge of sewage into a subsurface sewage disposal system which is in violation of the provisions of this article. Said temporary permit shall not be issued unless the Health Director or his representative makes a finding that the use of said malfunctioning system will not be detrimental to the health and welfare of the residents of the Town of Brookfield. Said permit shall be immediately revoked upon noncompliance with said conditions and stipulations. Said permit shall remain in effect only for such period of time as the Health Director or his representative deems necessary to effect the required repairs to said sewage disposal system to bring it into compliance with the provisions of this chapter and the applicable sections of the Connecticut Public Health Code. In no event shall a temporary permit to discharge be issued for a period in excess of six months. Renewal of said permit shall be discretionary with the Health Director or his duly authorized representative.
This article governs the removal, transportation and disposal of all materials removed from any septic tank, cesspool, privy and/or subsurface sewage disposal system, hereafter known as "septage," generated in the Town of Brookfield. This article provides minimum operating and administrative standards for the removal and disposal of septage per Section 19-13-B103c or Sections 19-13-B104b through 19-13-B104c of the Connecticut Public Health Code.
In accordance with Section 19-13-103(c)(2)(B) or 19-13-B104c(b)(2)(B) of the Connecticut Public Health Code, all organizations pumping septage within the Town of Brookfield shall first obtain necessary permits from the Director of Health of the Town of Brookfield or his agent. Application for said permits shall require presentation of a valid license to transport septage issued by the State of Connecticut in accordance with Section 20-341 of the Connecticut General Statutes. Application for the permit shall also require presentation of a valid permit for transport and disposal of septage issued by the City of Danbury Health Department or proof of lawful right to dispose of septage in some other approved facility. Renewal of permits shall be on a yearly calendar basis, and applications shall be made on a form furnished by the Town. There is no registration fee for this permit.
Once a septic hauler is registered, the Town shall issue a sticker that shall be displayed by the vehicles of each pumper permitted by the Town. The sticker shall include the name of the Town of Brookfield, the name of the permittee, the date of expiration of the permit, the number of the permit and the current State of Connecticut motor vehicle registration number of the permittee's vehicle.
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.
Disposal of all septage shall be approved by the Brookfield Director of Health or his/her agent. Disposal of material other than domestic septage will require joint approval of the Director of Health and the Danbury Public Utilities Department. All permittees are required to allow spot sampling and inspection of truck tank contents by employees or agents of the City of Danbury.
Permit to pump and septage discharge permit.
Organizations authorized to pump septic systems in the Town of Brookfield and use the Danbury disposal facility shall obtain a permit to pump an individual septic system, and pay the required fee as set from time to time by the Board of Selectmen, as well as a separate septage discharge permit from the Brookfield Director of Health or his/her agent. The permit to pump shall include the date and time of pumping, a notation as to any visible evidence of septic system failure, as well as the total gallonage withdrawn.
Within three business days of pumping, the permittee shall deliver to the Brookfield Health Department a copy of the permit to pump, so that it may be entered into the records of the Health Department, or submit such information as required electronically on the tracking system. With regard to the septage discharge permit, two of the four copies of each permit shall be turned in to the operator of the disposal facility in the City of Danbury prior to discharge. All permits shall be numbered and bear the name of the Town of Brookfield.
Upon completion of pumping, the pumper shall sign the septage discharge permit and certify the number of gallons pumped. A copy of the permit is retained by the pumper, a copy is forwarded by the pumper to the property owner pumped, and two copies are turned in to the operator of the disposal facility in Danbury. At the end of each calendar month, copies of all permits issued by the Town of Brookfield for septage pumped in the Town of Brookfield will be returned by the City of Danbury to the Town of Brookfield.
Pumpers shall be billed monthly by the City of Danbury for their use of the Danbury disposal facility to dispose of septage generated in the Town of Brookfield.
Fees charged to pumpers by the City of Danbury for their use of the Danbury disposal facility shall be based upon permit copies documenting Town of Brookfield septage processed at the Danbury disposal facility and a formula used to calculate the City of Danbury's cost to process septage as agreed to by the Town of Brookfield in Schedule A of the Interlocal Agreement for Disposal of Septage Waste, dated November 6, 1984.
The owner of any organization which pumps or disposes of septage without obtaining permits as described in this article and by instruction of the Director of Health is in violation of this article and shall be subject to a fine of $50 for the first violation. Owners holding annual permits to pump who violate this article after the first violation shall be subject to termination of their permit for one year.
If a pumper licensed by the Town of Brookfield delivers to the Danbury disposal facility any discharge of material collected in the Town of Brookfield prohibited by Section 2.2 of the Interlocal Agreement for Disposal of Septage Waste, then the Town of Brookfield 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.
Any septage pumping organization that fails to pay, within 30 days, invoices for septage disposed of at the Danbury disposal facility shall have its permit to pump septage in the Town of Brookfield revoked.