--------- Index to the Letters ------------
Scroll down for the most recent content.

Posted here, the text of documents and letters to, from, and about the Old Saybrook Water Pollution Control Authority, or linked to from here, with noteable nonreplies, and more.

Letters - to/from/about - OSWPCA Read the disclaimer:
I am not a lawyer, etc..
Date Description eDocument    
28Jan98 to  Chm Gyllenhammer
re Dear Property Owner		 A homeowner's duties:
a) arrange for pumpout,
b) give Permit to pumper.
10Feb98 from  V Chm Chuck Wehrly
Thanks.		 We encourage you to
attend our meetings.
13Feb98 to  Vice Chm Chuck Wehrly Group purchasing meant
cheaper pumpouts were
arranged by neighbors.
21Apr99 to  Chm Michael Pace
Re Pictorial Gazette		 Chm's Letter seeking
citizen input.
Put everything online.
21May99 from  Chm Michael Pace
Thanks.		 Bi-monthly minutes
should be appearing on
the website in 2 weeks.
16Oct08 to  Chm Pavel Wilson
Re 'undersized' tank		 Select a low pumpout
frequency, every
tank is 'undersized.'
14May09 to  Chm Pavel Wilson
What's an 'undersized' tank?		 Replacing old tanks
absent a health issue
isn't a CT law.
2Jul09 OSWPCA lobbying
the public's vote
using public money		 Robbie Marshall's
Letter to the Editor,
Harbor News 2Jul09
2Jul09 to  OSWPCA
re troubled logic		 The tank worked for
50 years. If it ain't
broke, don't fix it.
6Jul09 to  OSWPCA
blaming homeowners for
assumed health problems 		Narrowing voter
choice to the
shrink-wrapped
OSWPCA solution
30Jul09 to  OSWPCA A WWMD based on
disinformation
and magical thinking.
31Jul09 from  Chm Pavel Wilson
to my 2, 6, and 30Jul09		 Wilson faults me for
missing an 'opportunity
to be heard.'
5Aug09 to  Richard Blumenthal, AG
Postpone the 11Aug vote		 The town lobbied
itself into a solution
of doubtful efficacy.
8Sep09 to  OSWPCA, re tank size
citing data from Penn State		 Does science say
increasing tank size
reduces pollution?
15Oct09 to  OSWPCA membership
replacing 'undersized tanks		 Replacing 'undersized'
tanks is a $600,000
destruction of wealth.
21Oct09 from  OSWPCA's Lucas
reply to my 15Oct09 		WPCA has no intent
to revise the Ordinance
or challenge the court
17Nov09 to  OSWPCA, a WWMD can't
nullify eminient domain		 Homeowners turned
status offenders by
ex post facto rule.
10Dec09 to  OSWPCA re no proof
of harm to public health		 Wealth can't be
taken to mitigate
hypothetical hazards.
20Jan10 to  Michael Pace
1st Selectman 		Questions on the
integrity of the vote
on the WWMD 11Aug09
1Feb10 to  OSWPCA re CT & US
Constitution issues		 My rights are not
yours to do with
as you wish
4Feb10 from  Susan Bysiewicz
Secretary of the State		 Who can vote in local
referenda is determined
by Town Charter
6Feb10 to  Board of Selectmen
and each Selectman		 What part of the Town
Charter assigns who
votes to Selectmen?
9Feb10 to  Michael E. Cronin, Jr.
Town Counsel		 Where is the legal
opinion that decided
WHO could vote?
9Feb10 from  Board of Selectmen,
by Michael A. Pace, 1st Sel.		 Questions & implications
on vote to Town Counsel
for review and/or action
16Feb10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 Expect to see legal docs
that are created as
a result of the review
4Mar10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 Did the Town proceed
under its joint and
several liability? No!
10Mar10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 WWMD Ordinance didn't
include "Standards"
before 11Aug09 vote
16Mar10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 'Person' defined two ways
to disqualify Trust voters
but include Trusts later
22Mar10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 WWMD makes no health
hazard claim, necessary
under 5th Amendment precedent
30Mar10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 Where is the legal theory
theory that routes around
the Constitution's 5th?
15Apr10 to  OSWPCA Chm Evangelisti
re eminent domain payment		 Who decides which public
has a Postcard-worthy
interest in a public meeting?
27Apr10 to  OSWPCA Chm Evangelisti
re Notice of Entry Letter		 Does the WPCA have
eminent domain 'taking'
authority?
13May10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 The WWMD Ordinace isn't valid.
There was no vote to partition
Ordinance 75 (Ch 173, Article I)
29May10 to  Mary Jane Engle, Director,
CT River Area Health District		 CRAHD's 'Notice of Entry'
withholds services from
owner-financed solutions
23Nov10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 Town must pay 100%
of WWMD cost: Not
split cost with owners.
29Nov10 from  WPCA's Robbie Marshall
 The WPCA lectures me
on civic responsiblity
30Nov10 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 Does the Board prefer
bad governance to paying
100% of WWMD cost?
6Jan11 to  Board of Selectmen
& Michael A. Pace, 1st Sel.		 Lies told about financing
invalidate the 11Aug09
WWMD Referendum vote
15Mar11 to  Michael A. Pace, 1st Sel. Town financing scheme
violates the terms of
Referendum Question 2
22Mar11 from  Michael A. Pace, 1st Sel. Mike Pace blames his
failure to address
issues on difficult me
23Mar11 to  Michael A. Pace, 1st Sel. Town scheme overturns
Referendum Q#2, buying
votes to reelect Mike Pace
25Mar11 from  Michael E. Cronin, Jr.,
Old Saybrook Town Counsel		 A digression on the Town
WWMD's "rather complex
financing arrangements"
4Apr11 to  Michael E. Cronin, Jr.,
Old Saybrook Town Counsel		 WWMD owners pay 50%
and again as taxpayers.
What law authorizes this?
6May11 to  Carl P. Fortuna, Jr., Chm
Old Saybrook Bd of Finance		 Enron-style Town budget:
Referendum Q#2 money
for WWMD construction?
23Jun11 from  Carl P. Fortuna, Jr., Chm
Old Saybrook Bd of Finance		 Budget lowered by bond
refinancing. WWMD owners
pay for WWMD construction
30Jun11 to  Carl P. Fortuna, Jr., Chm
Old Saybrook Bd of Finance		 Bait-and-switch moves
$42m Town obligation to
WWMD property owners
02Aug11 to  Chuck Wehrly, Chm
Old Saybrook WPCA		 WPCA's phony 7Feb11 cite
moves 100% of Town cost
onto WWMD property owners
08Aug11 from  Chuck Wehrly, Chm
Old Saybrook WPCA		 A circumlocution to avoid
producing the requested
document: a FOI violation
27Sep11 to  Chuck Wehrly, Chm
Old Saybrook WPCA		 The WPCA's Lion King
(movie) delusion: Where
light falls, WPCA rules
17Oct11 from  Old Saybrook WPCA WPCA postcard notice
to Cornfield Park owners
re 25Oct11 info session
17Oct11 to  Old Saybrook WPCA WPCA's $28 saving
cost 98 Cornfield Park
property owners $10240
24Oct11 from  Old Saybrook WPCA WPCA Chm Chuck Wehrly
doesn't answer: What
law restricts the public?
25Oct11 from  Old Saybrook WPCA WPCA Chm Wehrly,
"information" meetings
need no advertising
01Nov11 to  Mary Jane Engle, Director,
CT River Area Health District		 25Oct11 NOEL's false 30-day
response else 'CWF' funding
forced on Cornfield Park owners
18Nov11 to  Chuck Wehrly, Chm
Old Saybrook WPCA		 1900 WWMD owners
need lawyers to deal with
the WPCA's NOEL sophistry
29Nov11 from  Old Saybrook WPCA WPCA Chm Wehrly's
Minute on 18Dec11
letter re NOEL fraud
12Dec11 from  Old Saybrook WPCA Chm Wehrly's unnecessary,
uniformative, retroactive
critic-bashing amended Minute
12Dec11 to  Carl P. Fortuna Jr.,
First Selectman		 Five questions re NOEL fraud,
CRAHD-WPCA 'MOU' request,
Who/Why Oct11 $17K legal
23Dec11 from  Carl P. Fortuna, Jr.,
First Selectman 		1st Sel. Carl Fortuna, Jr. ducks
12Dec11 query #1 on WWMD
finance ultimatum legality
24Dec11 to  Carl P. Fortuna Jr.,
First Selectman		 CT & US Constitutions
prohibit taking of property
without compensation
16Feb12 from  Mary Jane Engle, MPH, R.S.,
CRAHD, Director of Health 		FINAL WARNING: Within 30
days formal action will be taken
as set forth in the Ordinance.
09Mar12 to  Mary Jane Engle, MPH, R.S.,
CRAHD, Director of Health 		Do you have the required
DPH Commissioner's approval
for application Exhibit A?
13Mar12 to  Elsa Payne, Chm
Old Saybrook WPCA		 WPCA/CRAHD fraudulently
represents CRAHD's Exhibit A
contract as an "Application"
21Mar12 from  Jewel Mullen, MD, MPH, MPA,
DPH Commissioner 		Exhibit A equivalent to Form #1 in
accord with §19-13-B103e(c)(2)(B)?
The answer is no.
20Apr12 to  Carl P. Fortuna Jr.,
First Selectman		 The WWMD bootstraps itself
into existence using CRAHD's
fraudulent application Exhibit A
19May12 to  Elsa Payne, Chm
Old Saybrook WPCA		 Compliance with the
WPCA's septic upgrade
program is voluntary
28May12 to  Elsa Payne, Chm
Old Saybrook WPCA		 Is 13 George Dr on
a septic system or
a municipal sewer?
08Jun12 to  Elsa Payne, Chm
Old Saybrook WPCA		 WPCA' "material falsehood,"
private septic systems are
publicly-owned sewer works
15Aug12 to  Robert W. Fish
Treasurer, Old Saybrook		 WPCA's 11Mar09 FAQ
conceded that pollution
can't be proven
08Oct12 to  Elsa Payne, Chm
Old Saybrook WPCA		 WPCA FOIA policy is
obstructive and not
in the public interest
20Oct12 to  Elsa Payne, Chm
Old Saybrook WPCA		 WPCA citizen-letters' policy
set by 24Sep12 Minutes
inclusion of Conkling letter
05Jan13 to  Old Saybrook WPCA
& Board of Selectmen		 ¿WWMD work occurring
simultaneously requires
employing 3 Inspectors?
06Jan13 from  Eugene M. Evangelisti,
WPCA Site Manager		 WPCA-CRAHD enforcement
compliance to be implemented
in the near future.
07Jan13 to  Eugene M. Evangelisti, Site Mgr
& Selectmen OS Clinton Deep River		 Why would Clinton and
Deep River want to join
a malicious prosecution?
21Jan13 to  Jim Monopoli, Director
Connecticut River Area Health District		 What is the status
of CRAHD's form,
Exhibit A?
22Jan13 to  Elsa Payne, Chm
Old Saybrook WPCA		 WPCA contracts licensed installers.
Why does WPCA buy redundant
supervison and inspection?
30Jan13 to  Derrik Kennedy, Member
Old Saybrook Board of Finance		 Old Saybrook's Enron:
WPCA Personnel cost
over budget by 300%
07Feb13 to  Hon. Dannel P. Malloy
Governor of Connecticut		 Old Saybrook doesn't
observe the outcome of
its own referendums
11Feb13 to  Elsa Payne, Chm
Old Saybrook WPCA		 What's wrong with
Exhibit A, the current
Entry/Access NOEL letter?
14Feb13 to  Carl P. Fortuna Jr.,
First Selectman		 For publication in OS
Events, 07Feb13 letter
to Gov. Dannel P. Malloy
19Feb13 to  Daniel C. Esty,
Commissioner DEEP		 Politicians can't engage
in intentionally wrongful
acts without consequence
22Feb13 to  Robert W. Fish
Treasurer, Old Saybrook		 WPCA is spending on
CRAHD's legal from its
$0-for-CRAHD budget
06Mar13 to  Elsa Payne, Chm
Old Saybrook WPCA		 WPCA can't let contracts on
Cornfield Park properties to
which it lacks legal access
08Mar13 to  Elsa Payne, Chm
Old Saybrook WPCA		 The WPCA's WWMD is
a house of cards built on
a fraudulent Exhibit A
08Mar13 from  Macky McCleary,
Deputy Commissioner DEEP 		"Direct your questions to
the Old Saybrook Water
Pollution Control Authority"
18Mar13 to   Macky McCleary,
Deputy Commissioner DEEP 		Sec.7-245 requires WPCA to
acquire title before Sec.7-249
Benefit Assessments are legal
19Mar13 from  Carl P. Fortuna Jr.,
First Selectman		 Litigation "soon," Fortuna
Jr's email said. But by
Whom and for What?
20Mar13 to   Macky McCleary,
Deputy Commissioner DEEP 		Carl Fortuna is
blowing smoke
up your butt
26Mar13 to  Elsa Payne, Chm
Old Saybrook WPCA		 When and where was
the Benefit Assessment
fee schedule advertised?
03Apr13 to  Carl P. Fortuna Jr.,
First Selectman		 Who did Fortuna Jr.
have in mind when he
threatened litigation?
03Apr13 to  David B. Fein
US Attorney		 Old Saybrook can't make
a legal case against me,
instead resorts to threats
10Apr13 to  Jewel Mullen, MD, MPH, MPA
Commissioner DPH 		Did DPH vet CRAHD's
"Exhibit A" as alleged
by OSWPCA?
19Apr13 from  Suzanne Blancaflor, MS, MPH
DPH Section Chief		 Approved forms are required
for permit applications, site
investigations and inspections
20Apr13 to  Carl P. Fortuna Jr.,
First Selectman		 Hire an administrator for
a transparently illegal
septic upgrade program?
28Apr13 to  Jim Monopoli, Director
Connecticut River Area Health District		 Is CRAHD's "Exhibit A" approved
by DPH as required by DWMD
Ordinance Article II Sec. 173-24(B)?
29Apr13 from  Jim Monopoli, Director
Connecticut River Area Health District		 No DPH approval requested
or received, as Exhibit A is not a
form that requires DPH approval
30Apr13 to  Jewel Mullen, MD, MPH, MPA
Commissioner DPH 		CRAHD cites Sec. 19-13-B103
for site investigations. What's
special about Exhibit A?
30Apr13 from  Carl P. Fortuna Jr.,
First Selectman, to John Conkling		 "Town is paying for a
(WWMD) portion." Fortuna
seeks volunteers for WPCA
03May13 to  Suzanne Blancaflor, MS, MPH
DPH Section Chief		 CRAHD's use of Exhibit A violates
the Old Saybrook wastewater
ordinance that CRAHD enforces
09May13 from  Suzanne Blancaflor, MS, MPH
DPH Section Chief		 "As you are aware, [DPH]
responded to your inquiry
in March and April 2013"
15May13 to  Michael E. Cronin, Jr.,
Old Saybrook Town Counsel		 WPCA septic upgrade
financing scheme subverts
the will of the people
06Jun13 from  Carl P. Fortuna Jr.,
First Selectman		 Fortuna Jr stiffs my
FOIA query for the
supporting document

Read the disclaimer. Information on this site is for educational purposes only.



Read the disclaimer. Information on this site is for educational purposes only.

Dept of Public Health


Inspections of Existing Septic Systems  | PDF "whenever an older system is found to deviate from present health code requirements, the system does not have to be upgraded or repaired unless it is in a state of failure (overflow condition or illegal discharge, etc.) causing a health hazard."

More Documents


When Property Is Taken - Regulatory Takings [law.cornell.edu]

Who can vote in the 11Aug09 referendum? [Town Counsel's Memo 8Jul09]

Ordinance 75: Management of On-Site Sewage Disposal Systems [Adopted at a Special Town Meeting 14Sep1999] now Old Saybrook Code, Ch. 173, Article I.
The original Ordinance 75 as found on oswpca.org's website.
The difference?
Old Saybrook Code, Ch. 173, Article I, drops the last paragraph of Ordinance 75, "Section XVIII. Effective Date" and it changes the Ordinance 75 title, "Management of On-Site Sewage Disposal Systems" to "Maintenance of On-Site Sewage Disposal Systems"

Wastewater Management District Resolutions and Referendum Questions 17Jul2009, before the 11Aug09 referendum vote. This online document is searchable. This document also links to the Town's document which, because it consists of pictures of data instead of actual data, is not searchable.
What is the Town hiding? There are no references to Ordinance 75 (or Article I) in this document.

11Aug2009 Referendum Results, Town Clerk  PDF

Decentralized Wastewater Managment District [Adopted 8-11-2009] without Exhibit A. See link below:

Exhibit A - Wastewater Upgrade Program Standards - 2Sep2009

Notice of Entry into Old Saybrook Wastewater Management District Program by CRAHD (Connecticut River Area Health District) PDF

Town updates public
-- Summer 2009


Summer 2009 - WPCA updates WWMD "Sewer Avoidance Initiative" prior to 29Jul09 Special Town Meeting and 11Aug09 Referendum

Summer 2009 - 1st Sel. Michael A. Pace prior to 11Aug09 Wastewater Management District Referendum

Upgrade Septics
2009


27Jul09 DEP's Wingfield to Michael Pace - re potential DEP action | (PDF)

29Jul09 Minutes - Special Town_Meeting - last Town Meeting prior to 11Aug09 WWMD Referendum | (PDF)

Tri-town Sewer
1989-1990


25Sep89 Minutes - Board Of Selectmen | PDF

05Oct89 Minutes - Board Of Selectmen | PDF

19Oct89 Minutes - Board Of Selectmen | PDF

29Nov89 Minutes - Board of Selectmen | PDF

02Dec89 Minutes - Board of Selectmen | PDF

21Feb90 Minutes - Board of Selectmen | PDF

07Mar90 Minutes - Board of Selectmen | PDF

21Mar90 Minutes - Board of Selectmen | PDF

16May90 Minutes - Board of Selectmen PDF

18May90 Minutes (DEP) - Board Of Selectmen | PDF

20Jun90 Minutes - Board of Selectmen | PDF

Press reports
2002-2003


Small Towns Face Big Waste Choices - Courant 8Jul2002

Sewer Resolution Proposed (Rep. Marilyn Giuliano) - Courant 8Mar2003

1 Nov 2010
"Clean Water Fund"
funding is not
a 'free lunch'


Benefit Assessment Policy
for CWF-financed lots | PDF

Water Pollution Authority Sewage Assessments CGA §§ 7-249 and 7-250,
Research Attorney's opinion, see, "Assessment of Benefits".

CGA CHAPTER 103* MUNICIPAL SEWERAGE SYSTEMS
§ 7-245 - § 7-273a

Methods of Capital Cost Recovery on Water Pollution Control Projects - DEP - January 1997 Relevant statutes - Quality of Life, Community Responsibility