OSWPCA: Sunshine / McCleary - DWMD runs afoul of Sec.7-245(1) and (4) definitions -18Mar2013

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--------------------------> Joel R. Anderson

                            13 George Drive
                            Old Saybrook CT 06475-2636
                            860 388-9858
                            18 March 2013
Deputy Commissioner Macky McCleary
CT Dept of Energy & Environmental Protection
79 Elm Street
Hartford CT 06106-5127

Dear Deputy Commissioner McCleary:

Re yours of 08Mar13 citing Sec.7-249 Benefit Assessments in Old Saybrook's DWMD.

Sec.7-249 Benefit Assessments are only legal if 1) the DWMD is legal, and 2) CRAHD's 'Exhibit A' form used to obtain access to DWMD-owner's property is legal, and 3) Old Saybrook's WPCA has title to DWMD-owner's septic systems, or owner's interests.

Old Saybrook's DWMD runs afoul of Sec.7-245(1) and (4) definitions:

(1) "Acquire a sewerage system" means obtain title to all or any part of a sewerage system or any interest therein by purchase, condemnation, grant, gift, lease, rental or otherwise;

(4) "construct a sewerage system" means to acquire land, easements, rights-of-way or any other real or personal property or any interest therein, ...

Citing Sec.7-249 is putting the cart before the legal horse.

Unless Old Saybrook can prove 1) that DWMD property owners have voluntarily given up their septic systems to the WPCA, or 2) the word "otherwise" in Sec.7-245(1) includes fraud; then 3) the DWMD is dead.
                             Very truly yours,

                             Joel R. Anderson

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