[HISTORY: Adopted by the Town Meeting of the Town of Old Lyme 5-19-1997.
Amendments noted where applicable.]
A.
There is hereby adopted this chapter for regulation of
on-site sewage disposal systems for the Town of Old Lyme (Town) to be administered
by the Water Pollution Control Authority of the Town of Old Lyme (WPCA) and
the Director of Health, who both shall employ a common agent, who shall be
a sanitarian certified under Chapter 395 of the General Statutes of Connecticut.
The qualifications of the agent and/or personnel under his supervision who
are engaged in the investigation, inspection and approval of on-site sewage
disposal systems shall include the attendance at training courses and passing
examinations given by the State of Connecticut Department of Public Health.
B.
The purposes of this chapter are as follows:
(1)
To protect the quality and quantity of the Town's water
resources;
(2)
To eliminate the need for centralized wastewater collection
and treatment;
(3)
To designate a regulatory body whose primary concern
is water pollution control;
(4)
To limit the Town's liability for the design, construction
and performance of on-site sewage disposal systems;
(5)
To ensure the enforcement of state and Town health codes
on a continuing basis in a manner that is fair to all property owners;
(6)
To alert property owners to existing or potential problems
with their on-site sewage disposal systems while any damage to such systems
and the costs of any repairs thereto are as minimal as possible;
(7)
To develop on-site wastewater disposal system inspection
data from all areas of the Town which can be used by the Water Pollution Control
Authority in a wastewater management plan for the entire Town; and
(8)
To educate property owners about the proper care and
maintenance procedures to follow for on-site wastewater disposal systems.
A.
Sections 19-13-B103 and 19-13-B104 of the Regulations
of Connecticut State Agencies, established pursuant to C.G.S. § 19a-36,
and all amendments including technical standards thereto hereinafter adopted,
are hereby incorporated by reference in this chapter and made a part hereof.
B.
The Town of Old Lyme Public Health Code, as may be adopted
by ordinance by the Town of Old Lyme, as amended from time to time, including
all technical standards therein, is hereby incorporated by reference in this
chapter and made part hereof.
A.
APPROVED PROFESSIONAL ENGINEER
APPROVED SEPTIC SYSTEM DESIGNER
AREAS OF SPECIAL CONCERN
MALFUNCTIONING SYSTEM
MODIFICATION OR EXPANSION OF AN EXISTING SYSTEM
ON-SITE SEWAGE DISPOSAL SYSTEM
As used in this chapter, the following terms shall have
the meanings indicated:
A professional engineer, licensed to practice in Connecticut, who
provides a current professional liability policy with respect to liability
for loss, damage, and expense caused by any negligent act or omission of the
professional engineer or his personnel during performance of its service.
Licensed septic installers or registered sanitarians who are knowledgeable
about the design and construction of on-site sewage disposal systems; who
are approved by the WPCA to prepare designs for said systems, including their
repair or expansion; and who provide a current professional liability policy
with respect to liability for loss, damage, and expense caused by any negligent
act or omission of the licensed septic system installer or registered sanitarian
or his personnel during the performance of its service.
Those areas designated by the WPCA from time to time in accordance with § 133-4 herein.
An on-site sewage disposal system shall be deemed to be a malfunctioning
system if sewage is allowed to contaminate ground- or surface water or to
discharge or flow from it into any storm drain, stream, gutter, street roadway
or 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 as determined by the Director of Health or his agent.
Work to be done to an existing on-site sewage disposal system shall
be deemed a modification or expansion of an existing system for the purposes
of this chapter if the system is enlarged or modified for the purpose of accommodating
changes in the building(s) it serves. "Modification or expansion of an existing
system" shall expressly not include the repair of a malfunctioning system.
A system for the treatment and disposal of less than 2,000 gallons
per day of sewage derived from residences and businesses consisting of a building
sewer, a septic tank followed by a leaching system, any necessary pumps and
siphons, and any groundwater control system on which the operation of the
leaching system is dependent.
B.
The definition for any term for which the meaning is
not already provided, or is otherwise not clear, shall be the same definition
as is provided in the Public Health Code cited above.
The WPCA is hereby authorized to designate certain areas of the Town
of Old Lyme and individual systems within the Town as areas of special concern.
Such designation shall result from investigation by the WPCA or its agents
which indicates that such an area of the Town or individual septic system
is at risk, due to soil conditions, topography, density of population, and
the like, or problems with the on-site sewage disposal systems located therein.
A.
All on-site sewage disposal systems constructed after
the effective date of this chapter shall be designed and their construction
supervised by an approved professional engineer or approved septic system
designer, and the design construction shall be done in accordance with all
requirements of the Public Health Code, subject to exceptions which may be
granted in accordance with the provisions of said code.
B.
No building shall be constructed, expanded or substantially
altered unless and until the owner of such building or his agent has applied
for and received approval of the existing on-site sewage disposal system facilities
for such building from the Director of Health or his agent. All facilities
meeting the requirements of this chapter and the Public Health Code shall
be so approved.
C.
No existing on-site sewage system shall be repaired,
reconstructed, modified or expanded unless and until the owner of such on-site
sewage system or his agent has applied for and received approval of the on-site
sewage disposal system facilities for such building from the Director of Health
or his agent subject to exceptions which may be granted in accordance with
the provisions of the Public Health Code. The application for construction
shall include all information required by said Public Health Code. All systems
meeting the requirements of this chapter and the Public Health Code shall
be so approved.
D.
All applications for approval for work under Subsections A through C above shall be filed with the WPCA and the Director of Health or their agent and shall be accompanied by a sufficient plan prepared by an approved professional engineer or approved septic system designer, together with such other information as may be required by the Public Health Code and the regulations of the WPCA and such fee as may be set in accordance with § 133-8 of this chapter, payable to the Town of Old Lyme.
E.
Upon completion of construction of a new on-site sewage disposal system under Subsection A above, or the completion of the modification or expansion of an existing on-site sewage disposal system under Subsection C above, an approved professional engineer or the approved septic system designer who prepared the application and plan shall submit as-built drawings or provide such information as may be required by conditions of the permit, the Public Health Code, and the regulations of the WPCA. An approved professional engineer or the approved septic system designer who prepared the application and plan shall also submit with said as-built plans a written certification to the Town of Old Lyme stating that:
F.
As a part of the final approval of any such new on-site sewage system under Subsection A above, or the completion of the repair, reconstruction, modification or expansion of an existing sewage system under Subsection C above, the Director of Health, the WPCA and/or their agent may require, pursuant to the Public Health Code and such regulations as may be adopted by the WPCA hereunder, monitoring of the operation of said system on an ongoing basis following its completion.
The Director of Health or his agent shall have, as set forth in this
section, the right of entry onto any land in the Town for the purposes of
conducting inspections of on-site sewage disposal systems and performing such
tasks as the Director of Health or his agent, in his discretion, determines
are advisable for the purpose of disclosing whether or not said system is
malfunctioning. Said right of access shall be limited to those instances where
a written complaint has been filed or where there is specific reason to believe
that there is in existence a malfunction or a condition which violates the
provisions of this chapter, in which case written record shall be made and
maintained indicating said reason.
A.
Except in emergency situations, the Director of Health
or his agent shall, before making such entry onto such land, provide written
notice to the owner of such property, as such owner's name and address are
indicated in the records of the Assessor's office of the Town, indicating
that the Director of Health believes that a malfunction or other condition
which violates the provisions of this chapter exists and that he intends to
make such inspection(s). Such notice shall also indicate that such owner may,
within five days of the date of such notice, provide such information as may
be reasonably required by the Director of Health or his agent in order to
assess such condition. If such information is provided within such time period
and if such information is sufficient to permit the Director of Health or
his agent to fully assess such alleged malfunction or other condition, then
the Director of Health or his agent shall not need to make such entry. If
such information is not provided within such time, or if in the discretion
of the Director of Health or his agent such information is not sufficient
to fully assess such matter, then the Director of Health or his agent may
enter upon such property in order to make such inspections. In emergency situations,
no such notice shall be required.
B.
If the Director of Health or is agent determines that
such system is malfunctioning or that there is in existence a condition which
violates the provisions of this chapter, then he shall deliver to such property
owner written notice advising of such malfunction or other condition and directing
that the same be abated as required by this chapter or the Public Health Code.
A.
All septic tanks, cesspools and similar receptacles serving
on-site sewage disposal systems located within the Town shall be pumped out
not less than once in every seven-year period. The sanitarian shall maintain
a record of each such pump out and copy of each liquid waste disposal ticket,
which records shall be the property of the WPCA. Each liquid waste disposal
ticket shall be filled out by the cleaner to indicate the origin of the load,
the date of pumping and such data regarding the system pumped as the WPCA
may require.
A.
The WPCA, the Director of Health and their agent shall
be charged with the enforcement of this chapter. The agent of the WPCA and
the Director of Health shall prepare reports for the WPCA, the scope of such
reports shall be established by it, and he shall appear at meetings of the
WPCA as deemed necessary by the WPCA.
B.
The WPCA is hereby authorized to establish fees, which
fees shall be in writing and shall be effective upon majority vote of the
WPCA following a public hearing held by such WPCA, of which legal notice thereof
has been published in a newspaper having general circulation in the Town not
less than five days prior to such hearing, and upon subsequent publication
of notice of such adoption in a newspaper having general circulation in the
Town. Such fees shall be required by this chapter, and such fees shall be
paid at the time any such application is submitted.
[Added 1-23-2006]
A.
The WPCA is hereby authorized to instruct its designated agent, the Director of Health and/or the Sanitarian, to issue a notice of violation to any property owner who, in violation of § 133-7A, neglects, fails or refuses to have the on-site sewage disposal system, tank and/or cesspool located on his/her property pumped out according to the requirements of this section or any regulation adopted by the WPCA pursuant to § 133-7B.
B.
Such notice shall be in writing, set forth the nature
of the violation of this chapter, and be served upon the owner in accordance
with the provisions of Connecticut C.G.S. § 52-57 or 52-59a, as
applicable. Such notice shall specify that the property owner has 30 days
in which to correct the violation by having the on-site sewage disposal system
located on his/her property pumped out in accordance with the requirements
of this section.
C.
Any property owner notified in accordance with this section
who fails to correct said violation by the date specified in said notice shall
be in violation of this chapter and subject to its penalties and enforcement
procedures.
D.
Each violation of this chapter shall be considered a
separate municipal offense. Each day any violation of this chapter continues
shall constitute a separate offense. Each separate offense under this chapter
shall be punishable by a fine of $100, payable to the Town of Old Lyme.
E.
Any person who receives a notice of violation in accordance with this section may appeal said notice to the Board of Selectmen, in writing, within 10 days of the date of said notice, and request a hearing on said violations. All such appeals shall be considered, and all hearings shall be conducted, in accordance with the provisions of Subsection F below.
F.
The Town hereby specifically adopts the provisions of
C.G.S. § 7-152c for the establishment of an appeal and citation
hearing process for considering all appeals under this chapter.
G.
The WPCA, by its designated agent, the Director of Health
and/or Sanitarian, is hereby authorized to initiate legal proceedings in the
Superior Court for the correction of any violation, collection of any fines,
and the recovery of all costs, including reasonable attorneys' fees incurred
by the WPCA to enforce the terms of this chapter.
The WPCA is authorized to adopt reasonable rules and regulations and
any amendments thereto to put this chapter into effect. Such rules and regulations,
and any amendments thereto, shall be in writing and shall be effective upon
majority vote of the WPCA following a public hearing held by such WPCA, of
which legal notice thereof has been published in a newspaper having general
circulation in the Town not less than five days prior to such hearing, and
upon subsequent publication of notice of such adoption in a newspaper having
general circulation in the Town.
In any case where this chapter or any regulation enacted hereinunder
is found to be in conflict with any provision of the Public Health Code or
any state statute, the more restrictive shall apply.
