OSWPCA: Sunshine / Old Saybrook's Bad Faith re Stipulated Judgment - 23Jul2014

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

                            13 George Drive
                            Old Saybrook CT 06475-2636
                            860 388-9858
                            oswpca.com
                            govtwork.org
                            23July2014
Macky McCleary, Deputy Commissioner
CT Dept of ENERGY & ENVIRONMENTAL PROTECTION
79 Elm Street
Hartford CT 06106-5127

Dear Deputy Commissioner McCleary:

Thanks for your of 15Jul14 re no punitive action against Old Saybrook.

"We are, of course, also aware that you have specifically refused to allow your system to be upgraded, per your July 4, 2014 e-mail to this Department." - McCleary, 15Jul14

You lie. Read my 04Jul14 email again, Mr McCleary. What I said, in my 04Jul14 email, "We will not upgrade our septic system. The Town can't build its sewer solution on our property at our expense." The Town never offered to upgrade our system at Town expense. Read Question 2 of the 11Aug09 referendum.

"It is our understanding that you filed an appeal to avoid upgrading your septic system as provided by the Old Saybrook ordinance..." - McCleary, 15Jul14.

Speculate as you will, Mr McCleary, there's no allegation from any government agency that our septic system is in any way harming the public health. Why would we cooperate in a Destruction of (our) Wealth.

"It is our understanding that you filed an appeal ... and that that appeal was recently denied." - McCleary, 15Jul14.

I don't know where you get your information (and you don't say). If our appeal was 'denied,' we have yet to be informed. Neither CRAHD nor the Town has filed suit to try to force us to upgrade our septic system.

Contrary to your statement that "the town has acted in good faith to meet their responsibilities under the Stipulation of Judgment," the failure of CRAHD (the Town's agent), or the Town itself to pursue this matter in court, is STRONG EVIDENCE of the Town's BAD FAITH.

If you don't want to penalize the Town for its nonfeasance, that's your job! If you don't want to do your job you should resign.
                             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.
c: macky.mccleary@ct.gov,
    Carl Fortuna, First Selectman, Old Saybrook,
        cfortuna@town.old-saybrook.ct.us,
    James Monopoli, Director, CRAHD: jmonopoli@crahd.net,
    Elsa Payne, Chairman, Old Saybrook WPCA: tpayne@snet.net,