[HISTORY: Adopted by the Town of East Hampton as indicated in article histories. Amendments noted where applicable.]
Water system use — See Ch. 299.
Article I Community Water Systems
Article II Acceptance of Public Water Systems Under Certificate of Public Convenience and Necessity
[Adopted by Ord. No. 4.09A]
The following words and phrases, as used in this article, shall have the following meanings unless the context requires otherwise:
- COMMUNITY WATER SYSTEM
- A system that serves at least 25 residents pursuant to Section 19-13-B102 of the Regulations of Connecticut State Agencies, as same may be amended from time to time.
- COMPLIANCE CYCLE
- The nine-calendar-year cycle during which monitoring must occur pursuant to Section 19-13-B102 of the Regulations of Connecticut State Agencies, as same may be amended from time to time.
The Water Pollution Control Authority is authorized to enter into agreements on behalf of the Town of East Hampton with developers or other owners of land for the installation of community water systems and public fire protection systems by and at the expense of such developers or owners, which community water systems and public fire protection systems may become part of the Town's public water system under the conditions hereinafter stipulated, and the Water Pollution Control Authority is empowered to make, from time to time, any necessary regulations stipulating the terms and conditions of said agreement not inconsistent with the provisions of this article.
The Chairman or Vice Chairman of the Water Pollution Control Authority is authorized to sign on behalf of the Town of East Hampton all such agreements when the same have been authorized by said Authority.
The terms and text of a standard form of agreement for work under this article or any variations of said standard form to apply to any particular project thereunder shall be as approved the Water Pollution Control Authority Attorney.
The Water Pollution Control Authority shall specify in the terms of such agreements, or on plans which are made a part thereof, the specifications of the community water system and public fire protection system to be built and any applicable conditions which must be satisfied prior to the Town's acceptance of the community water system and public fire protection system into the Town's public water system. All the applicable terms of and all subsequent amendments to Chapter 299, Water System Use, shall be applicable to work done under such agreements.
Such agreements shall provide that the full cost of installation of the community water system and public fire protection system and all expenses incidental thereto shall be borne by the developer or owner who shall, before commencing any work, deposit with the Director of Finance of the Town of East Hampton a sum deemed by the Town Manager of the Town of East Hampton or his authorized agent, or such engineers as the Water Pollution Control Authority may employ, to be sufficient to reimburse the Water Pollution Control Authority for all costs of construction, inspection, and all other expenses of any kind incurred by the Water Pollution Control Authority prior to or during construction, or during any warranty or maintenance period required by the Water Pollution Control Authority. Such expenses shall include, but shall not be limited to, allowances for pension, insurance and similar costs related to payroll. Such agreements shall also provide that, in case said deposit proves to be insufficient at any time during the progress of the work, a further deposit shall be made upon notification by the Town Manager of said Town and that, upon acceptance of the community water system and public fire protection system into the Town's public water system, any unexpended portion of said deposit shall be returned to the developer or owner.
Such agreements shall also provide that the developer or owner shall be exclusively responsible to obtain any and all applicable regulatory approvals and/or certificates for said community water system and public fire protection system prior to installation, including, but not limited to, approvals and/or certificates from the Department of Public Health of the State of Connecticut and the Department of Public Utility Control, as applicable, and any and all municipal land use commission approvals, as applicable.
Such agreements shall also provide that the developer or owner, before beginning work on the project, shall pay to the Town, as a charge to offset the Town's future operating costs associated with said community water system and public fire protection system, an amount of money which shall be established by the Water Pollution Control Authority.
All such agreements shall provide that the developer or owner shall assume all risks and hold the Town of East Hampton harmless from any and all claims for damage arising from the work or its conduct. To secure such risks, adequate liability, property damage and compensation insurance shall be required in such amounts as deemed sufficient by the Water Pollution Control Authority.
After certification by the Town Manager or his authorized agent, or such engineers as the Water Pollution Control Authority may employ, that any community water system and public fire protection system installed under the terms of this article have been completed in accordance with the plans, specifications and standards of the Town and that the maintenance period fixed in the agreement has expired and that adequate security by bond has been furnished to assure the proper functioning of said system for at least the duration of one complete compliance cycle, as defined herein, the Water Pollution Control Authority may, by resolution, incorporate said community water system and public fire protection system into the Town of East Hampton public water system, to become effective as specified in such resolution.
Article II: Acceptance of Public Water Systems Under Certificate of Public Convenience and Necessity
With numerous proposed public water systems (PWS) coming before the Town it is imperative that certain regulations be in place to assure continuity and standardized operations between systems. To assure this and to protect the Town the following regulations shall be the basis for a certificate of public convenience and necessity for any public water systems to be owned and operated by the Town of East Hampton through its WPCA.
As the WPCA will be the water service provider for any proposed new public water system in the Town's ESA, it shall have input into and approve the developer's plans for water supply, treatment and distribution. The developer shall keep the WPCA informed of the status of its water supply, treatment and distribution plans at all times, and in addition, all water supply, treatment and distribution plans for the development shall satisfy all governmental regulatory requirements and those of the WPCA. The developer shall build, test and place into service the completed community water supply, meet all financial requirements specified herein and train WPCA personnel before the Town will accept ownership and operations.
A developer seeking to transfer a PWS to be owned by the Town of East Hampton and operated through its WPCA is required to have a meeting with the WPCA prior to the Town entering into an agreement to own and operate the PWS. The purpose of the meeting will be to determine what steps will be necessary for the developer to undertake to establish, to the satisfaction of the WPCA:
When a project has a projected average daily demand (based upon design population of the proposed PWS in accordance with the requirements of RCSA § 16-262m), which, when multiplied by a safe daily yield factor of 1.50, is less than or equal to 50,000 gallons per day, the developer shall meet with the WPCA's consultant to determine the site-specific requirements to test the PWS's aquifer under stress conditions. Such testing shall, in general, include, subject to modification imposed by the WPCA's consultant, a five-day aquifer test of the well(s) pursuant to RCSA § 19-13-B51 et seq., evaluation of groundwater flow boundary conditions, and monitoring of the public and/or private water supply wells before, during and after the aquifer test within predetermined radius and other antecedent conditions, as required. Should additional monitoring wells be required upon private land and the landowner objects, such well shall be excluded from the monitoring requirement. The WPCA shall determine, based upon the results of the testing, whether there will be:
When a project has a projected average daily demand (based upon design population of the proposed PWS in accordance with the requirements of RCSA § 16-262m), which, when multiplied by a safe daily yield factor of 1.50 exceeds 50,000 gallons per day, the developer shall apply for a water diversion permit pursuant to Connecticut General Statutes § 22a-365 et seq. Should a water diversion permit be issued by the DEP, such permit shall be transferred at no cost to the Town.
All infrastructure associated with water supply and treatment shall be constructed on land deeded in fee simple to the WPCA. All wells developed shall be utilized at their maximum safe yield as determined by a yield test described in the PHC 19-13-B51k (b). The following minimum separating distances are required by PHC Regulation 19-13-B51 and 19-13-B103:
A PWS to be owned by the Town of East Hampton and operated through its WPCA shall complete the applicable corrosion control treatment requirements and steps described in RCSA § 19-13-B102 (j) et seq., and provide corrosion control treatment approved by the WPCA, in Phase II of the certificate of public convenience and necessity (construction of the water treatment plant). Such corrosion control treatment shall be acceptable to the WPCA and similar to other PWSs owned by the Town of East Hampton and operated through its WPCA.
All costs associated with the development of the PWS, including attorney's fees, shall be borne by the developer. The WPCA shall provide estimates for each phase of the proposed public water system as follows:
For the purpose of securing payment for engineering review services, the WPCA shall provide three separate cost estimates, one estimate for each phase of the certificate of public convenience and necessity: Phases I-A, I-B and II. If the estimate proves to be insufficient to cover the actual costs to the WPCA for the engineering review services, the developer shall make such further payments as shall be required upon notification by the WPCA.
Upon approval of Phase I-B of the certificate of public convenience and necessity in accordance with § 16-262m of the Connecticut General Statutes of Connecticut by the CTDPH and prior to construction, the WPCA shall provide an additional estimate for construction inspection services in connection with the water treatment plant construction and distribution piping, valves, hydrants and appurtenances.
The developer shall make separate deposits with the WPCA which represent the WPCA's estimate of costs for construction inspection costs for Phase II costs that may be incurred by the WPCA pursuant to this scope of work. The developer further agrees that this estimate will be subject to a final accounting, at which time any funds remaining after payment of the WPCA's engineering and/or inspection costs shall be returned to the developer. Should the WPCA's engineering and/or inspection costs exceed the deposit, then the developer shall pay the difference to the WPCA within 30 days of the WPCA's provision of a written statement of same to the developer.
This estimate does not include an estimate for unforeseen expenses such as legal issues or additional project elements. The developer will be direct billed within 30 days for these expenses as they are incurred by the WPCA.
For the purpose of securing payment for construction costs, the developer agrees, before commencing any work, to post a construction performance bond with the WPCA in the amount determined by the WPCA, or an authorized agent thereof, to be sufficient to defray construction costs. The required construction bond may be satisfied by letter of credit, cash bond or surety bond. The developer further agrees that in case said amount proves to be insufficient at any time during the progress of the work, the developer shall make such further deposits as shall be required upon notification by the WPCA.
Upon acceptance, in writing, from the State Department of Public Health that said public water system is complete, the developer will provide for a warranty period which will conclude one year after the final certificate of occupancy is issued. Concurrently, the construction bond will be returned and a maintenance bond in the amount of 10% of the construction bond will be required to secure the warranty period.
The developer shall agree to provide a pro forma analysis acceptable to the WPCA of system operations (expenses and revenue) for the full build-out of the system. The developer acknowledges that once the Town accepts and begins operating the system the Town will not be responsible for a financial deficit associated with the operation prior to the full build out of the development. The developer shall deposit with the WPCA an amount which represents one year of operational expenses, representing the full expense budget which may be expected and incurred by the WPCA for the system. The developer further agrees that this deposit will be utilized by the WPCA to offset any financial deficit associated with the operations. The deposit will be subject to an annual accounting at which time the deposit shall be adjusted to maintain an amount equal to the full year operational expenses. Said deposit shall continue until full build-out of the development is achieved or revenues exceed expenses.
The WPCA will assess the service connection cost for each lot to be connected and billed to the developer at such time as the developer applies to connect the public water system to the lot. Applications for the installation and connection of new water service shall be made on forms provided by the WPCA and signed by the developer or a duly authorized representative. Service connection charges shall fund a potable water sinking fund to be used at the discretion of the WPCA. Service connection charges are subject to change by the WPCA. The current service connection charge is $1,250 per equivalent meter unit (EMU).