OSWPCA: Sunshine / Appeal of CRAHD's 18Jul13 Order to Upgrade Septic System - 20Jul2013

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

                            13 George Drive
                            Old Saybrook CT 06475-2636
                            860 388-9858
                            20 July 2013
Department of Public Health
Public Health Hearing Office
410 Capitol Avenue MS 13 PHO
P. O. Box 340308
Hartford CT 06134-0308

Dear Commissioner:

Re CRAHD's 18Jul13 Order to upgrade an existing septic system. This is an appeal to the upgrade order.

1. Aggrieved:
Joel R. and Judith M. Anderson
13 George Drive
Old Saybrook CT 06475-2636
860 388 9858
oswpca.com / govtwork.org

2. Issuing Authority:
Connecticut River Area Health District (CRAHD)
Jim Monopoli, Director of Health

3. Adverse effect of the order:
Town-provided upgrades in Cornfield Park subdivision (where we live) cost ~$11,000.

4. The order being appealed:
The 18Jul13 order to upgrade an existing septic system.

5. Grounds for appeal:
a) There's no allegation that our system is polluting.
Absent an allegation of pollution, CRAHD has no reason to investigate our septic system.

The only convicted polluter in Old Saybrook is the Town of Old Saybrook. (SCOTUS, Polluter pays.)

b) There was no investigation of our subsurface system.

c) Old Saybrook's WPCA has no authority over septic systems.

d) There were no (this is not a joke) "Standards" in the "Ordinance" on 11Aug2009, the date of the referendum.
No elector could have known what "Standards" they were voting to put in place, the Ordinance being merely a shell for the Standards kernel.

e) The entire Town was permitted to vote on an issue that adversely effected only a subset of property owners.

e') An elector can't vote to spend other people's money.

f) Trust properties impacted weren't permitted to vote.
Citizens United put paid to this Town argument.

g) A 16Feb2012 CRAHD "Final Warning" letter was received.
CRAHD did NOTHING to follow up its warning.

h) A 21Mar2013 letter from Commissioner Jewel Mullen, "In your letter you asked whether the Department approved Exhibit A as equivalent to Form #1 in accordance with Public Health Code Section 19-13-B103e (c) (2) (B). The answer to your question is no."

i) Inspections of Existing Septic Systems (a DPH document), "whenever an older system is found to deviate from present health code requirements, the system does not have to be upgraded or repaired unless it is in a state of failure (overflow condition or illegal discharge, etc.) causing a health hazard."

j) The upgrade Ordinance is a "taking" without compensation, in violation of CT and US Constitutions. The Ordinance turns eminent domain on its head. The Town is taking our property and asking us pay. This is absurd.
The list above (a - j) doesn't exhaust the reasons for our appeal.
                             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.
e: CRAHD's 18Jul13 Order to upgrade