ORDINANCE #75

MANAGEMENT OF ON-SITE SEWAGE DISPOSAL SYSTEMS

 

SECTION I.  PURPOSE

The purpose of the Ordinance 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- (5) years. To this end the Town of Old Saybrook Water Pollution Control Authority, has developed this ordinance with the intent to eliminate the need for sewers in the Town, wherever possible by:

1.        Enforcing the State and Town Health Codes.

2.        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.

3.        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.

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

5.        Requiring repairs to any existing problems discovered.

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

7.        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 Ordinance 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.

 

SECTION II.  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 ordinance and made part hereof. Said Sections are hereinafter referred to as the Public Health Code. However, no on-site sewerage 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.

 

SECTION III.  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 sub-surface 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.

 

SECTION IV.  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 (5) 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 deems this appropriate.

 

SECTION V.  APPROVAL

No residential building, residential institution, or non-residential building shall be constructed in the town, and no existing on-site sewerage 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 the Ordinance for a Permit to Construct  approval 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 sewerage system and such fees as may be set in accordance with Section X1V of this Ordinance. 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.

 

SECTION VI.  NEW CONSTRUCTION

All on-site sewage disposal systems, with a design capacity under 5,000 gallons per day, constructed after the effective date of the Ordinance 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 the Director of Health has approved a Permit to Construct.

 

SECTION VII.  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 (5) 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 re-issued.

C.       The Discharge Permit for any system observed to be malfunctioning as defined in Section III shall be subject to revocation by the Director of Health. Notice of revocation of the Discharge Permit shall be forwarded to the building Official. The Director of Health shall also issue notice to the owner of the property via Certified Mail.

 

 

SECTION VIII.  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 ordinance, 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 as 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 discretion, and to perform such tests as the Director of Health deem 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 (6) months.

B.    The Director of Health shall have the authority to waive the inspection and cleaning of the septic tank if he 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.

 

 

SECTION IX.  MAINTENANCE

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 (5) 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, which shall be allowed without the appropriate ticket. The Director of Health is empowered hereby to require more frequent inspections and/or pump-outs for those systems which he has reason to believe are failing or are in danger of failure or which he 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.

 

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.

 

Nothing in this Ordinance 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.

 

SECTION X.  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 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.

 

SECTION XI.  ENFORCEMENT

A.     Enforcement of this ordinance 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 ordinance. The term “Director of Health”, whenever used in this ordinance, 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 Section IX of this Ordinance 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 premised 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 orders for the abatement of any violations of the provisions of the Public Health Code or of this Ordinance.

 

SECTION XII.  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 Section 19a-229 of the Connecticut General Statues.

 

SECTION XIII.  FINES AND PENALTIES

Fines and penalties shall be imposed in accordance with Section 19a-230 of the Connecticut General Statues.

 

SECTION XIV.  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 (5) 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.

 

SECTION XV.  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 ordinance. 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 non-compliance with said 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 non-compliance 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 ordinance. In no event shall a Temporary Discharge Permit be issued for a period in excess of six (6) months. Renewal of said permit shall be discretionary with the Director of Health.

 

SECTION XVI.  EDUCATION

The Water Pollution Control Authority 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.

 

SECTION XVII.  ADOPTION OF REGULATIONS

The Water Pollution Control Authority is authorized to adopt rules and regulations and any amendments thereto, to put this ordinance 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 (5) 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.

 

SECTION XV111.  EFFECTIVE DATE

Upon ratification by an Old Saybrook Town Meeting, this Ordinance will become effective fifteen (15) days following the publication in a newspaper having general circulation in the Town of Old Saybrook.

 

 

 

AMENDED ORDINANCE # 75 ADOPTED AT A SPECIAL TOWN MEETING HELD SEPTEMBER 14, 1999.

 

PUBLISHED on September 17, 1999 in the MIDDLETOWN PRESS.

 

AMENDED ORDINANCE # 75 becomes effective OCTOBER 2, 1999.