OSWPCA: Sunshine / CRAHD's enforcement ultimatum - 12Dec16

Text facsimile

[Letterhead]
CONNECTICUT RIVER AREA HEALTH DISTRICT
455 Boston Post Rd. Suite 7 Old Saybrook, CT 06475
Phone 860-661-3300   Fax 860-661-3333
Serving Old Saybrook, Clinton, Deep River

December 12, 2016

ISSUED TO: Joel R. and Judith M. Anderson
                  13 George Drive
                  Old Saybrook, CT 06475

December 12, 2016

Please be advised that this is a modified order of the Director of Health to upgrade an existing Sewerage System under §173-26.A of the Code of the Town of Old Saybrook; the Decentralized Wastewater Management District Ordinance, (the "Ordinance"). This order modifies the previous order issued to you on July 18, 2013, consistent with the final Memorandum of Decision (MOD) from the CT Department of Public Health Hearing Office and dated June 5, 2014, a copy of the final MOD is enclosed.

You are hereby notified of the existence of a public health law violation and an Ordinance violation upon the premises owned by you, or under your charge, located at 13 George Drive in the Town of Old Saybrook and described as follows:

After an Initial Investigation of the subsurface sewage disposal system it has been determined that the system does not meet the requirements of Exhibit A to the Ordinance; the Town of Old Saybrook Upgrade Program Standards (the "Standards"). Specifically, the existing septic tank serving the property does not meet the requirements of the Standards and must be upgraded to comply with those Standards. Further site evaluation will be needed to determine whether the existing leaching area meets or does not meet the standard.

Further site evaluation, either before or during the septic tank upgrade, will attempt to determine if the existing leaching system meets the standard of 24 inches vertical separation to maximum high groundwater. If the system does not meet this standard, then the leaching system must be replaced. We will also attempt to size the existing leaching system to determine if it meets the square footage requirements in the Standards. If the leaching system is determined to be undersized, it will need additional leaching area installed. Both the vertical separation to maximum high groundwater and the square footage requirements in the Standards must be satisfied.

Please complete and submit the enclosed consent form to the Old Saybrook WPCA to allow the Old Saybrook WPCA and staff from the CT River Area Health District to conduct this site evaluation of the leaching system on your property. This form must be returned to the OSWPCA within 7 days of receipt of this order. If you do not return the completed consent form within the time specified, this will indicate that you are not allowing consent to enter the property. To minimize disruption of your property, this office, along with the Old Saybrook WPCA would be willing to conduct its site evaluation for the leaching system at the time of the new septic tank installation.

LAW VIOLATIONS: Town of Old Saybrook Wastewater Upgrade Program Standards Section 3C., 3A iii. and 3D ii.). The Connecticut Public Health Code Section 19-13-B103c(f).

AUTHORITY: Connecticut General Statutes Sections 19a-206, 19a-207, 19a-244; Code of the Town of Old Saybrook Chapter 173-25A(2), 173-25C(2) and 173-26A.


Page 2, unnumbered on letterhead ===================

PENALTY: Connecticut General Statutes Sections 19a-36, 19a-206, 19a-230. Code of the Town of Old Saybrook Chapter 173-35.

It is hereby ordered that said upgrade be made and such violation be removed, abated or corrected as follows:

1. Proper abandonment of the existing septic tank serving the property, and installation of a new septic tank meeting the requirements of the Connecticut Public Health Code and the Town of Old Saybrook Wastewater Upgrade Program Standards.

2. Within 7 days of receipt of this order, you must complete and submit the enclosed WPCA consent form which allows CRAHD and the Old Saybrook WPCA to conduct a site evaluation on your property to determine that the existing leaching system does or does not meet the requirements of the Connecticut Public Health Code and the Town of Old Saybrook Wastewater Upgrade Program Standards.

3. Based on fmdings of the on-site evaluation, if it is determined that the existing leaching system does not meet the upgrade standards as outline in #2 above, the existing leaching system must be properly replaced or modified to meet these standards. As stated, the site evaluation may be conducted at the time of new septic tank install.

4. Failure to consent to allowing the Old Saybrook WPCA and CRAHD to enter the site and evaluate the leaching area does not stay the requirement that you upgrade the septic tank violation as directed in item #1 above. In the event that you withhold consent or fail to return the consent form in accordance with item #2 above, then the septic tank upgrade must still be completed by the January 30, 2017 deadline as specified below, and you would remain in violation of items # 2 and 3 above.

5. The Old Saybrook WPCA has indicated that you have also not responded to the Notice of Entry letter (NOEL) sent to you. Please also respond to the Old Saybrook WPCA as outlined in the NOEL.


ALL actions 1 through 5 above must be completed by January 30, 2017 to comply with this order. Failure to comply with this order will result in further enforcement action to the fullest extent of the law.

Please see enclosed right of appeal. If you wish to discuss this matter, you may contact me or Stephen Mongillo, Program Manager for the Old Saybrook WPCA.

Signed,
     (signed)
Jim Monopoli, MPH
DIRECTOR OF HEALTH, Connecticut River Area Health District

Enclosures: CT DPH Final Memorandum of Decision dated June 5, 2014
                  Consent form to enter property to conduct site evaluation
                  NOEL letter with supporting exhibits
                  Rules of Practice/Rights of Appeal

CC: Stephen Mongillo, Program Manager OSWPCA

Certified Mail# 7016 0910 0000 6433 5351