--------------------------> Joel R. Anderson
13 George Drive
Old Saybrook CT 06475-2636
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
Old Saybrook's DWMD runs afoul of Sec.7-245(1) and (4)
Citing Sec.7-249 is putting the cart before the legal horse.
(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
(4) "construct a sewerage system" means to acquire land,
easements, rights-of-way or any other real or personal
property or any interest therein, ...
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.