OSWPCA: Sunshine / Maintenance of On-Site Sewage Disposal Systems
[Adopted 9-14-1999 by Ord. No. 75] now Old Saybrook Code, Ch. 173, Article I


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OLD SAYBROOK CODE

Chapter 173: SEWAGE DISPOSAL SYSTEMS

[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook as indicated in article histories. Amendments noted where applicable.]


GENERAL REFERENCES
Rental housing - See Ch. 166. Water Pollution Control Authority - See Ch. 64.
Conversion of seasonal dwellings - See Ch. 170. Subdivision regulations - See Ch. 302.


ARTICLE I
Maintenance of On-Site Sewage Disposal Systems
(§ 173-1 - § 173-17)
[Adopted 9-14-1999 by Ord. No. 75]

§ 173-1 Purpose.

The purpose of this article for management of on-site sewage disposal systems is to promote the health and welfare for the residents of the Town of Old Saybrook by requiring pump-out, inspection and maintenance of said on-site sewage disposal systems at least once every five years. To this end the Town of Old Saybrook Water Pollution Control Authority has developed this article with the intent to eliminate the need for sewers in the Town, wherever possible by:
A. Enforcing the State and Town Health Codes.

B. Alerting property owners of existing or potential 
   problems with their systems, while any damage to such 
   systems and cost of repairs or upgrade are minimized.

C. Developing town-wide on-site inspection data which may be 
   used by the Water Pollution Control Authority in a 
   wastewater management plan for the entire Town.

D. Educating property owners about proper care and 
   maintenance procedures to follow for on-site sewage 
   disposal systems.

E. Requiring repairs to any existing problems discovered.

F. Aggressively enforcing provisions of Section 19-13-B100a 
   and any subsequent revisions of the Public Health Code.

G. Promoting the use of alternate technology systems 
   approved by the State of Connecticut Department of Public 
   Health (DPH) where available and appropriate under the 
   Health Code. Note: This article shall apply to all on- 
   site sewage disposal systems within the Town of Old 
   Saybrook except those systems operating under a permit 
   issued by the State of Connecticut Department of 
   Environmental Protection.

§ 173-2 Adoption of Public Health Code.

Sections 19-13-B103a through 19-13-B103f and Section 19-13-B100a of the Regulations of Connecticut State Agencies, and all amendments including technical standards thereto hereinafter adopted, are hereby incorporated by reference in this article and made part hereof. Said sections are hereinafter referred to as the Public Health Code. However, no on-site sewage disposal system in existence prior to January 4, 1981, shall be required to conform to the design and construction provisions of the Public Health Code unless said system malfunctions, is modified, or is expanded upon. 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 Section 19-13-B103d of said Code.


§ 173-3 Malfunction.

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, water body, gutter, street, roadway or public place, or if sewage discharges from said system to the surface or subsurface of any property so as to create a nuisance or condition detrimental to health as determined by the Director of Health. Substantial backflow from the leaching area into the tank during a tank pump-out shall also be considered an indication of a malfunctioning system.


§ 173-4 Inspection.

The Director of Health shall have the right of entry to any land in the Town of Old Saybrook for the purpose of conducting inspections of on-site sewage disposal systems and performing such tasks as the Director of Health determines are advisable for the purpose of disclosing whether or not said system is malfunctioning. If access to the interior of a structure is required, the Director of Health shall send a written notice to the property owner of said intention to evaluate the on-site sewage disposal system. Except in emergency situations, said notice shall be sent by certified mail at least five days prior to the scheduled date of inspection. If access to the property or structure is denied, the Director of Health shall notify the owner in writing that the permit to discharge for that property will be revoked. The Director of Health shall determine the severity of the complaint and can revoke the permit to discharge immediately if he or she deems this appropriate.


§ 173-5 Approval. [Amended 3-13-2002]

No residential building, residential institution, or nonresidential building shall be constructed in the town, and no existing on-site sewage disposal system for any such existing building shall be reconstructed, repaired, expanded upon or otherwise modified unless and until the owner of such building has applied for and received approval of a permit to construct the sewage system for such building from the Director of Health. All facilities meeting the requirement of this article for a permit to construct shall be filed with the Director of Health and shall be accompanied by a sufficient plan, as may be required by the Director of Health, of the proposed sewage system and such fees as may be set in accordance with § 173-14 of this article. Exception: For properties on which the estimated daily waste water flow is in excess of 5,000 gallons per day, approval for the proposed sewage disposal system shall be secured from the State of Connecticut Department of Environmental Protection.


§ 173-6 New construction.

All on-site sewage disposal systems, with a design capacity under 5,000 gallons per day, 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 exceptions which may be granted in accordance with the provisions of Section 19-13- B103d of said code. No installation shall begin until a permit to construct has been approved by the Director of Health.


§ 173-7 Discharge permits.

A. It shall be unlawful for any owner or occupant of any building served by an on-site sewage disposal system to discharge sewage into a sewage disposal system unless a discharge permit authorizing said discharge has been obtained from the Director of Health.

B. Initially, a discharge permit shall be issued following an on-site inspection of the on- site sewage disposal system by the Director of Health, which an inspection does not disclose any malfunction of the system. Said permit shall be valid for a period of five years from the date of issue unless sooner revoked due to a malfunction disclosed by an inspection by the Director of Health. When the malfunctioning system has been repaired and inspected by the Director of Health, a valid discharge permit shall be reissued.

C. The discharge permit for any system observed to be malfunctioning as defined in § 173-3 shall be subject to revocation by the Director of Health. Notice of revocation of the discharge permit shall be forwarded to the Building Official. Notice shall also be issued by the Director of Health to the owner of the property via certified mail.


§ 173-8 Renewal of discharge permits.
A. No discharge permit shall be renewed unless the following
   conditions have been satisfied:

   (1) The owners or occupants of the building shall have 
       the system inspected and pumped out by a septic 
       tank cleaner properly licensed by the State of 
       Connecticut to perform such service. The owner, 
       occupant, or contracted septic cleaner shall be 
       responsible to obtain a pump-out permit and liquid 
       waste disposal ticket from the Director of Health 
       prior to the inspection and pumping of the tank. 
       The term "septic tank cleaner" as used in this 
       article, shall mean any septic tank cleaner or 
       installer licensed by the State of Connecticut.

   (2) The owner, occupant or contracted septic tank 
       cleaner is required to inform the Director of 
       Health at least 24 hours prior to the pump-out 
       except in case of emergency.

   (3) The inspection and cleaning must be performed not 
       later than 30 days after the expiration date of the 
       existing discharge permit.

   (4) The Director of Health shall have the right to 
       observe the inspection and cleaning at his or her 
       discretion, and to perform such tests as the 
       Director of Health deems appropriate to determine 
       whether or not said system is malfunctioning.

   (5) The inspection and cleaning of the on-site sewage 
       disposal system must disclose no malfunction. Any 
       malfunction noted must be repaired within 60 days 
       or the Director of Health may issue a temporary 
       permit for discharge for a period not to exceed six 
       months.

B. The Director of Health shall have the authority to waive 
   the inspection and cleaning of the septic tank if he or 
   she determines that inspection and cleaning are not 
   necessary because of limited use or because of a recent 
   cleaning or inspection of the system.

C. The owners or occupants of any building shall be entitled 
   to have the discharge permit renewed at any time prior to 
   the expiration of the existing discharge permit, provided 
   that the septic tank is cleaned and a field inspection of 
   the septic system is performed by the Director of Health 
   at the time of said cleaning, and the field test 
   performed disclosed no malfunction.


§ 173-9 Maintenance.
A.  All septic tanks, cesspools, pools and similar 
    receptacles serving sewage disposal systems located 
    within the Town of Old Saybrook shall be pumped out and 
    inspected not less than once in every five-year period. 
    The Director of Health shall have the right to observe 
    said pump-out and inspection. A liquid waste disposal 
    ticket shall be filled out by the septic tank cleaner to 
    indicate the origin of the load, the date of pumping, 
    the place of disposal and such data regarding the system 
    cleaned as the Director of Health or the Water Pollution 
    Control Authority may require. The Director of Health 
    shall maintain a record of each pump-out and inspection, 
    and a copy of each liquid waste disposal ticket. 
    [Amended 3-13-2002]

B.  The Director of Health is empowered hereby to require 
    more frequent inspections and/or pump- outs for those 
    systems which he or she has reason to believe are 
    failing or are in danger of failure or which he or she 
    believes warrants more frequent maintenance. Properties 
    which may require more frequent maintenance include, but 
    are not limited to, food-service establishments, 
    marinas, institutional establishments, day-care 
    facilities, etc. Considerations for this determination 
    include any or all of the following: water usage, grease 
    generation by the facility, high groundwater conditions, 
    complaints regarding poor system performance, or other 
    appropriate items. The determination of more frequent 
    pump-outs can also apply to single-family residences, if 
    the Director of Health has concerns with the system 
    servicing such a property.

C.  Any subsidy paid by the Town of Old Saybrook for the 
    disposal of septage or grease from any on-site system 
    pumped out within the Town shall be limited to the 
    subsidy required for the disposal of the contents of the 
    septic tank or grease trap servicing that property once 
    per calendar year. Any fees required for the disposal of 
    septage or grease shall be borne totally by the owner of 
    the property for any additional pump-outs required 
    during a one-year period following the initial pump-out.

D.  Nothing in this article shall be construed to absolve 
    any property owner or operator from complying with the 
    conditions of any permit to discharge issued by either 
    the State of Connecticut Department of Public Health or 
    the Department of Environmental Protection for on-site 
    sewage disposal.


§ 173-10 Implementation.
A.  The Old Saybrook Water Pollution Control Authority in 
    conjunction with the Old Saybrook Environmental Health 
    Department shall develop a map of the Town so as to 
    facilitate an orderly procedure for collecting data 
    regarding the inspection and cleaning of septic systems 
    on a regular basis and to allow for the issuance of 
    discharge permits and pump-out permits.

B.  Each area of the Town will be scheduled to have 
    maintenance performed as determined by the Water 
    Pollution Control Authority and the Director of Health. 
    The intent is to phase in over several years a town-wide 
    program for managing all maintenance of on-site sewage 
    disposal systems and of system pump- outs.

C.  The owner or occupants will be mailed a notice of the 
    scheduled maintenance period established for his or her 
    area of town. The owner, occupant, or contracted septic 
    tank cleaner shall obtain a pump-out permit and liquid 
    waste disposal ticket which is to be filled out by the 
    septic tank cleaner and returned to the Old Saybrook 
    Environmental Health Department for use by the Water 
    Pollution Control Authority after the disposal of 
    sewage.

D.  The owner or occupants may choose any septic tank 
    cleaner to pump-out and inspect the system, provided 
    that the selected septic tank cleaner holds a current 
    valid license issued by the State of Connecticut DPH.

E.  Any septic tank cleaner planning to pump out any system 
    in the Town of Old Saybrook is requested to call or fax 
    the Water Pollution Control Authority office prior to 
    the pump-out and advise the office of which properties 
    are to be pumped out or inspected.


§ 173-11 Enforcement.
A.  Enforcement of this article and of the Public Health 
    Code shall be the responsibility of the Director of 
    Health of the Town of Old Saybrook and his/her duly 
    authorized agents. Said agents shall include, but shall 
    not be limited to, the Sanitarian of the Town of Old 
    Saybrook and such qualified Field Inspectors as are 
    employed by the Town of Old Saybrook for purposes of 
    enforcing the provisions of this article. The term 
    "Director of Health," whenever used in this article, 
    shall mean the Director of Health or his/her duly 
    authorized agents.

B.  If an on-site system is determined by the Director of 
    Health to be malfunctioning, or if scheduled maintenance 
    of the system provided for in § 173-9 of this 
    article is not performed, the following actions shall be 
    taken by the Director of Health:

    (1) The discharge permit shall be revoked and the 
        owner of the premises served by said on-site 
        system shall be given notice of said revocation 
        and of the violation occurring and shall be 
        ordered to immediately abate the condition(s) 
        cited in the notice.

    (2) The Director of Health shall cause the notice of 
        violation and a copy of the abatement order to be 
        recorded on the Old Saybrook Health Department 
        records. Notification shall be forwarded to the 
        Building Official of the Town. When the abatement 
        order has been fully complied with a new discharge 
        permit shall be issued.

    (3) The Director of Health shall have the right to 
        seek judicial relief to enforce his or her orders 
        for the abatement of any violations of the 
        provisions of the Public Health Code or of this 
        article.


§ 173-12 Right of appeal.

Any property owner who has been issued a notice of violation and abatement order by the Director of Health shall have the right to appeal said notice of violation and abatement order to the Commissioner of Health Services of the State of Connecticut pursuant to the provisions of C.G.S. § 19a-229.


§ 173-13 Fines and penalties. Fines and penalties shall be imposed in accordance with C.G.S. § 19a-230.


§ 173-14 Fees.

The Water Pollution Control Authority is hereby authorized to establish fees which shall be in writing and shall be effective upon majority vote of the Water Pollution Control Authority following a public hearing, of which legal notice has been published in a newspaper having a general circulation in the Town of Old Saybrook 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 of Old Saybrook.


§ 173-15 Temporary discharge permits.

The Director of Health is hereby authorized to issue a temporary discharge permit allowing the discharge of sewage into a subsurface sewage disposal system which is in violation of the provisions of this article. Said temporary discharge permit shall not be issued unless the Director of Health 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 Old Saybrook. Said temporary discharge permit shall be issued upon such conditions and stipulations as the Director of Health determine are necessary to insure that the operation of said sewage system will not be detrimental to the public health or welfare. 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 Director of Health deems necessary to effect the required repairs to said sewage system to bring it into compliance with the provisions of this article. In no event shall a temporary discharge permit be issued for a period in excess of six months. Renewal of said permit shall be discretionary with the Director of Health.


§ 173-16 Education.

The WPCA shall continue and further accomplish its public information program which shall include, but not be limited to, a simple explanation of the use, operation and maintenance of an on- site sewage disposal system, the advantages of water-saving devices, and requirements of the Public Health Code and Town ordinances.


§ 173-17 Adoption of regulations.

The Water Pollution Control Authority is authorized to adopt rules and regulations and any amendments thereto, to put this article into effect. Such rules and regulations and any amendments thereto shall be in writing and shall be effective upon majority vote of the Water Pollution Control Authority following a public hearing held by the Water Pollution Control Authority, of which legal notice thereof has been published in a newspaper having general circulation in the Town of Old Saybrook 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 of Old Saybrook.