OSWPCA: Sunshine / Letter to OSWPCA Chairman Evangelisti, 27Apr10

Text facsimile

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

                             13 George Drive
                             Old Saybrook CT 06475-2636
                             860 388-9858
                             http://govtwork.org/
                             27 April 2010
Eugene M. Evangelisti, Chairman OSWPCA
Town of Old Saybrook
302 Main St
Old Saybrook CT 06475

Dear WPCA Chairman Evangelisti:

Re "Saybrook Acres Residents: Sign Letter, Return It, Get Funds," by Becky Coffey, Harbor News 22Apr2010.

Why hasn't the WPCA published the Notice of Entry Letter (NOEL) to its website? The NOEL isn't available on CRAHD's website either. Why is the public forced to guess at the NOEL's contents based on a news report?

The tenor of the news report is that property owner completion and return of the NOEL is optional, i. e., property owners can treat the NOEL like junk mail.

Why would a property owner permit "CRAHD, the Water Pollution Control Authority (WPCA), their contractors, and town representatives to enter" their property on a fishing expedition in the absence of a prior finding of a threat to the public health emanating from their property? And, if there were a health threat extant, why isn't the WPCA fixing it now?

Is the Town seeking a release from liability if one of their employees or contractors breaks an owner's working system?

It doesn't matter what the Town's intentions were if a system previously working is no longer working after site 'testing.' Is the Town offering a guarantee that it will not break a working system? and if the Town does break a system, Who is going to pay to restore the system? Isn't the testing scheme set up to encourage an owner to say, 'You broke my system,' and what will be the Town's reply? 'No, we didn't?' What are the odds that will that fly when the lawyers come calling?
Said WPCA Coordinator Robbie Marshall, "All homeowners in these neighborhoods have to upgrade, but each can choose whether or not to pay 100 percent of the costs themselves - and use their own contractor - or use the Clean Water funds and a WPCA contractor." [Emphasis added.]
"Have to upgrade?" Does the WPCA believe it has eminent domain authority to 'take' property? If it does, Why doesn't it just take whatever it wants? If it doesn't, then from where does it get its authority to force upgrades which are effectively a 'taking' of property? If WPCA has no authority to take property, it has no authority to force upgrades, and the fines proposed for not complying with a WPCA order (to upgrade) are merely extortion proposed as a remedy for this, a WPCA defect.
                             Very truly yours,



                             Joel R. Anderson

N.B: a copy of this letter is posted to http://oswpca.com/ 

e: "Saybrook Acres Residents: Sign Letter, Return It,
   Get Funds," by Becky Coffey [Harbor News 22Apr2010]
   OLD SAYBROOK
      Within the next six weeks, residents in Saybrook Acres 
   will receive a letter from Connecticut River Area Health 
   District (CRAHD) Director Mary Jane Engle. The Notice of 
   Entry Letter, called a NOEL, must be signed by the property 
   owner and returned to CRAHD for the homeowner to qualify 
   for Clean Water funds that wi]l help lower the cost for 
   owners to complete state-mandated septic upgrades.
      Residents must sign the letter and return it to CRAHD as 
   soon as possible. The signature also permits CRAHD, the 
   Water Pollution Control Authority (WPCA), their 
   contractors, and town representatives to enter the site for 
   testing and to complete the design plans for each lot's 
   site-specific septic system upgrade.
      "By signing the letter, checking the 'Yes' box, and 
   returning it [to the health district] homeowners are 
   telling us they want to use Clean Water funds to help pay 
   for the mandated septic upgrades," said WPCA Coordinator 
   Robbie Marshall. "All homeowners in these neighborhoods 
   have to upgrade, but each can choose whether or not to pay 
   100 percent of the costs themselves - and use their own 
   contractor - or use the Clean Water funds and a WPCA 
   contractor."
      The WPCA plans to hold a public information session for 
   property owners in Saybrook Acres, the first neighborhood 
   whose systems will be upgraded in the next six weeks.

c:

Office of the Board of Selectmen      Michael E. Cronin, Jr.
Michael A. Pace, First Selectman      Old Saybrook Town Counsel
302 Main Street                       201 Main Street, P.O. Box 454
Old Saybrook CT 06475-2384            Old Saybrook CT 06475
                                      
Office of the Board of Selectmen      John E. Wertam, Partner
William A. Peace, Selectman           Shipman & Goodwin LLP
302 Main Street                       One Constitution Plaza
Old Saybrook CT 06475-2384            Hartford, CT 06103-1919
                                      
Office of the Board of Selectmen      Hon. Richard Blumenthal, AG
Carol Manning, Selectman              Office of the Attorney General
302 Main Street                       55 Elm St.
Old Saybrook CT 06475-2384            PO Box 120
                                      Hartford CT 06141-0120
Robert W. Fish                        re Public Inquiry #339871
Treasurer, Old Saybrook               or #340861 (or both)
49 Obed Heights Rd                    
Old Saybrook CT 06475                 Nora R. Dannehy, US Attorney
                                      US Attorney's Office
Gratia Lewis, Financial Mgr OSWPCA    Connecticut Financial Center
37 Old Boston Post Rd                 157 Church Street, Floor 23
Old Saybrook CT 06475                 New Haven, CT 06510         
 
Betsey Wingfield, Bureau Chief, DEP                               
Bureau of Water Protection and Land Reuse
79 Elm St
Hartford CT 06106-5127

Mary Jane Engle, R.S., MPH, Director
Connecticut River Area Health District
166 Main St, Unit #2
Old Saybrook, CT 06475-2386