Town of Wallingford, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Wallingford as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-2012 by Ord. No. 577[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. II, Drains, adopted 5-27-1975 by Ord. No. 201.
In 1975, an ordinance was adopted requiring the disconnection of all drains from roof leaders, cellar drains, yard drains and sump pumps connected to the sanitary sewer system. Many illegal drains were disconnected in compliance with the ordinance. In 2009, the Town completed a study indicating that approximately 83% of the inflow/infiltration arriving at the wastewater treatment plant is from private sources. Excessive inflow and infiltration is causing decreased sewer capacity and increased treatment costs. Illegal inflow and infiltration connections must be eliminated.
A. 
No person, legal entity or other sewer users shall discharge or cause to be discharged into the sanitary sewer collection system any groundwater or stormwater (infiltration and inflow) from any source. Such sources include, but are not limited to, roof leaders, cellar drains, yard drains, foundation drains, sump pumps and defective laterals.
B. 
The construction, use, maintenance or continued use of such connections to the sanitary sewer system is prohibited.
A. 
The Water and Sewer Division staff and/or their authorized agents will conduct an inspection program to determine compliance with this article. The Water and Sewer Division staff and/or their authorized agents shall bear proper credentials and identification, and shall inspect properties at reasonable times. The inspection shall be limited to such parts of the premises as necessary for the purpose of inspection and/or testing in accordance with this article.
B. 
In addition to the inspections set forth in Subsection A, the Division staff and/or their authorized agents may conduct an inspection at the following:
(1) 
When a building permit is issued for improvements/repairs of buildings, costing at least $25,000.
(2) 
When an existing sanitary sewer lateral is to be used to serve a new structure on the property.
(3) 
At the time of an ownership change. In the event of an ownership change, the Division may inspect the property for compliance with this article.
(4) 
Upon specific information that the premises may be in violation of this article.
C. 
An inspection and/or testing, under this section, may include, but not be limited to, a video inspection, smoke testing, dye testing and/or visual inspection.
A. 
After inspection, the property owner shall be notified regarding any defects/illegal connections found on the property.
B. 
If, upon inspection, it is determined that there is an illegal connection/deficiency, the property owner shall be ordered to permanently disconnect the illegal connection from the system and/or cure the deficiency at their own expense. The Public Utilities Commission shall enact regulations providing the procedural requirements for the order to correct, including but not limited to notification requirements, time requirements and postcorrection inspections.
Nothing herein shall limit the Public Utilities Commission from employing all available remedies to address the correction of illegal connections/deficiencies, including but not limited to adopting appropriate regulations and surcharges. Remedies shall also include legal action to obtain compliance with the order and any other remedy permitted by law.
Any property owner may appeal an order to correct to the Public Utilities Commission within 30 days from receipt of the order. The Public Utilities Commission shall hear the appeal and may affirm, modify or set aside the order or any portion thereof. The Public Utilities Commission may adopt procedural rules for any appeal as part of its regulations.
[Added 9-10-2015 by Ord. No. 606]
The Public Utilities Commission is authorized to adopt a reimbursement program providing for financial assistance for funding the removal of the illegal connections upon terms and conditions it deems reasonable.
[Adopted 9-28-2010 by Ord. No. 566[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Private Sewage Disposal Systems, adopted 12-9-2003 by Ord. No. 513.
This article specifies the requirements for subsurface sewage disposal systems in the Town of Wallingford and is supplemental to the Regulations and Technical Standards for Subsurface Sewage Disposal System, Sections 19-13-B100a, 19-13-B103, and 19-13-B104.[1]
[1]
Editor's Note: The referenced sections can be found in the Connecticut Public Health Code.
As used in this article, the following terms shall have the meanings indicated:
AS-BUILT
A tie or scale record plan indicating the location of the SSDS as well as any SSDS components, including the building sewer exit location at building, sewage system access points (tank cleanouts, distribution boxes, etc), leaching system ends and residential or nonresidential building for which the SSDS serves.
HEALTH DEPARTMENT
Health Director or Department staff member holding a currently valid registered sanitarian license and Phase II septic certification.
INSTALLER
Any person holding a valid Connecticut Department of Public Health subsurface sewage installers license.
PROPERTY
Any land mass with a residential or nonresidential building on it or proposed to be on it.
SUBSURFACE SEWAGE DISPOSAL SYSTEM/SEPTIC SYSTEM
A system consisting of a house sewer; a septic tank followed by a leaching system, any necessary pumps and siphons, and any groundwater control on which the operation of the leaching system is dependent
A. 
Soil testing required.
(1) 
No building shall be constructed, nor building permits issued for same, in those areas of the Town of Wallingford requiring a septic system unless soil tests are conducted or witnessed and approved by the Health Department in the area of the proposed primary and reserve septic areas.
(2) 
Soil testing shall consist of a minimum of two deep test pits and one perc test in the primary area and one deep test pit and one perc in the reserve area. Additional deep pits and/or perc tests may be required depending on site conditions.
(3) 
Additional soil testing may be required at the discretion of the Health Department if a septic design plan is not submitted and approved within a five-year period from the date of original soil testing and for compliance with 19-13-B100a.[1]
[1]
Editor's Note: See the Connecticut Public Health Code.
(4) 
Soil testing of new undeveloped properties, individual lots or subdivisions shall be conducted September 15 through June 30. Soil testing may be conducted July 1 through September 14 at the discretion and approval of the Health Department, contingent on current environmental conditions. The Health Department may require the soil testing to be conducted by a certified soil scientist in conjunction with the Health Department.
(5) 
The Health Department may require additional soil testing and/or groundwater monitoring conducted during the wet season, February 1 through May 31, per Section 19-13-b103d(e)(2) and 19-13-B103e(d)(6).[2] The Health Department must be notified prior to the start of groundwater monitoring, and all groundwater monitoring must be conducted by a licensed professional engineer with periodic monitoring by the Health Department.
[2]
Editor's Note: See the Connecticut Public Health Code.
B. 
Subsurface sewage design plan; permit to construct requirements.
(1) 
All new subsurface sewage disposal systems where the property is located in a watershed or aquifer protection area shall be designed by a licensed professional engineer.
(2) 
All properties requiring a subsurface sewage disposal system must have a plot plan or engineered subsurface sewage design plan reviewed and approved by the Health Department prior to the issuance of a septic permit or any building permit. The inspection of the installation shall be conducted by the Health Department prior to backfill or cover of the system.
A. 
No existing septic system shall be repaired, including the installation of a septic tank, without a permit from the Health Department. Repair applications shall include soil testing to determine a suitable area for the repair and a plot plan or engineered design plan submitted for review and approval based on site conditions. Soil testing fees are waived for repair applications. The Health Department will issue a permit to discharge upon completion and review and approval of the repair and receipt of the as-built.
B. 
The approval of plans and/or the issuance of a septic permit or the issuance of a permit to discharge shall not be construed as a guarantee by the Health Department pertaining to the construction or the continued satisfactory functioning, nor shall it in any way restrict the actions or powers of the Director of Health in the enforcement of any relevant law or regulation.
A. 
Requests for soil testing, groundwater monitoring and site evaluation must be scheduled with the Health Department prior to the proposed scheduled date.
B. 
Engineered design plans submitted for review will be reviewed and comments (if any) forwarded within 20 working days of receipt of complete plans.
C. 
All plans for engineered sewage disposal systems may be required to be further reviewed by the State Department of Public Health and/or the Connecticut State Department of Environmental Protection.
A. 
No building or structure requiring a subsurface sewage disposal system constructed after the effective date of this article shall be occupied until a permit to discharge is issued by the Health Department and forwarded to the Building Department.
B. 
The permit to discharge is issued after approval of the installed subsurface sewage disposal system and an as-built submitted by a licensed installer and design engineer, if required as part of the plan approval, is reviewed and approved. The Building Department will issue the certificate of occupancy upon receipt and satisfaction of building requirements.
A. 
Soil testing as defined in § 177-8 shall be $50 per lot and $35 per lot for subdivisions of three or more lots. Each additional site visit conducted for the purpose of soil testing on previously tested lots will be assessed a fee of $35 per lot.
B. 
Groundwater monitoring as defined in § 177-8A(5) shall be $50 per lot and $35 per lot for subdivisions of three or more lots for the duration of the monitoring period.
C. 
Permits to install a new subsurface system shall be $100 and repair permit fees shall be $50. The permit fee includes all necessary site inspections conducted as part of the installation process. The licensed septic installer or property owner must sign all permits. Permits are valid for one year from date of issue.
A. 
The Director of Health of the Town of Wallingford is authorized to make regulations for the installation or repair of subsurface sewage disposal systems in those areas of the Town of Wallingford requiring on-site sewage disposal systems as considered reasonably necessary to carry into effect the provisions of this article, provision for the issuance of a permit for such installation or repair upon application by the property owner on forms to be supplied by the Health Department. Such regulations shall be printed in suitable form for distribution to all interested persons.
B. 
Nothing in this article, including the issuance of permits provided herein, shall be construed as limiting the power granted to the Director of Health under provisions of general laws of this state to abate any sewage nuisance, including but not limited to the requirement to connect to public sanitary sewers.
This article is enacted pursuant to the authority granted under provisions of § 7-148 and 19a-206, 19a-229, 19a-230 of the Regulations of Connecticut State Agencies and General Statutes of the State of Connecticut, as amended.
Appeal procedure is pursuant under the Regulations of Connecticut State Agencies and the General Statutes of the State of Connecticut, as amended.