OSWPCA: Sunshine / WPCA Chm Payne - No legal Cornfield Park access - 6Mar2013

Text facsimile
--------------------------> Joel R. Anderson

                            13 George Drive
                            Old Saybrook CT 06475-2636
                            860 388-9858
                            oswpca.com
                            govtwork.org
                            6 March 2013
WPCA Chairman Elsa Payne
Old Saybrook Town Hall
302 Main St
Old Saybrook CT 06475-2369
To make a mistake and not to correct it is
to make another mistake. - Chinese proverb
Dear Chairman Payne:

The WPCA has no legal access to Cornfield Park properties. The WPCA can't let contracts, put them out to bid (as it has), on properties to which it has no legal access.

The CRAHD form "Exhibit A" granting access to WWMD properties isn't approved by the Commissioner of the Department of Public Health as required by the Public Health Code.

The Town's own Ordinance, ARTICLE II, Decentralized Wastewater Management District, [Adopted 8-11-2009], Section 173-24(B) cites, 'an application (on a form to be provided by the Director of Health) pursuant to Section 19-13-B103e(c) of the Public Health Code.'

The Commissioner of Public Health does not approve Exhibit A.

The WWMD septic upgrade program is absurd on its face:

1.  The WPCA can't credibly claim to be ignorant of its own ordinance and the requirement for approval by the Commissioner of DPH for its Application.

Town Counsel Cronin commented on the requirement for DPH approval; noted in the 13Apr2009 Minutes of the WPCA.

2.  The program calls for substituting one Permit to Discharge for another. It boggles the mind Why a WWMD owner would want a 2nd Permit to Discharge when they already had one. The Town is using a cheat, a lawyer-trick of which Shipman & Goodwin LLP and the Town should be ashamed.

3.  The WWMD Ordinance went to Referendum on 11Aug09 lacking the Standards that were part of the Ordinance. No elector could have known what they were voting on, had they inquired.

                             Very truly yours,

                             Joel R. Anderson

e: Bid for Cornfield Park - Contract CPK-1

N.B: a copy of this letter is posted to oswpca.com.
  Electronic and paper copies have been distributed
  to interested parties.

c:
 newhaven@ic.fbi.gov,
 attorney.general@po.state.ct.us,
 thomas.carson@usdoj.gov,
 david.fein@usdoj.gov,
 mspera@town.old-saybrook.ct.us,
 daniel.esty@ct.gov,
 dennis.greci@ct.gov,
 cfortuna@town.old-saybrook.ct.us,
 cpfortuna@fortunaandcartelli.com,
 sgernhardt@town.old-saybrook.ct.us,
 sgiegerich@town.old-saybrook.ct.us,
 rfish@town.old-saybrook.ct.us, 
 sbecker@town.old-saybrook.ct.us,
 michaelcronin@snet.net,
 tpayne@snet.net,
 ifeatherstone@fortuneplastics.com,
 gwizd@sbcglobal.net,
 cawehrlyco@snet.net,
 dzumbroski@yahoo.com,
 edgy1222@netzero.net,
 claffeyjr@yahoo.com,
 e.m.evangelisti@sbcglobal.net,
 nengborg@yahoo.com,