OSWPCA: Sunshine / Letter to CRAHD, Mary Jane Engle, Dir., 29May10

Text facsimile

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

                             13 George Drive
                             Old Saybrook CT 06475-2636
                             860 388-9858
                             http://govtwork.org/
                             http://oswpca.com/
                             29 May 2010

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

Dear Director Engle:
Re Connecticut River Area Health District (CRAHD)'s rev. 2Apr2010, Dear Property Owner, Re 'Notice of Entry,' (NOEL).

By what right does CRAHD, or the Old Saybrook Water Pollution Control Authority (WPCA), or the Town of Old Saybrook (Town), discriminate between property owners solely on the basis of how compliance with the wastewater ordinance is financed?
See NOEL: Exhibit A; 'Box A,' (accepting Clean Water Funds (CWF)), vs 'Box B,' waiving CWF and enacting Exhibit D (Owner financed). Exhibit D pushes off the WPCA/Town's cost and responsibility for Exhibit D, paragraphs b-g, onto property owners solely because owners are self-financing (D, i). This is wrong.

Exhibit D, paragraphs a-h, under 'Box A' criteria are at the expense of CRAHD, the WPCA, or the Town. They must be treated the same way under 'Box B' criteria.

Exhibit D describes the duties of the WPCA as the distributed-wastewater-plant manager for the Town, the same as if the Town had elected to build a sewer plant. The WPCA/Town must supply identical services to all property owners without regard to where the properties are located or how the distributed wastewater solution is financed. George Drive, Bokum Road, or Schoolhouse Road; all owners must be treated the same.
Under 'Box A,' CWF-financed compliance, the WPCA/Town contributes 25 percent. That contribution most certainly cannot be withheld from 'Box B,' owner-financed compliance, nor can it be withheld from any owner anywhere in Town.

I need a letter from you (CRAHD), the WPCA, and the Town, expressly stating that owner-financed compliance will be provided with the same services as provided to CWF-financed compliance, on the same terms, with the same consideration.

The NOEL must be redrafted to include the provisions cited in the paragraph above.
                             Very truly yours,

                    
                             Joel R. Anderson

N.B: the 6-page Notice of Entry Letter (NOEL) is online here,
     http://www.oswpca.org/files/NOEL_4-28-10.pdf

A copy of this letter is posted to my website, oswpca.com

e: Exhibit A and D of the NOEL (pages 3 and 6 respectively)

c:

Office of the Board of Selectmen        Office of the Board of Selectmen
Michael A. Pace, First Selectman        William A. Peace, Selectman
302 Main Street                         302 Main Street
Old Saybrook CT 06475-2384              Old Saybrook CT 06475-2384

Office of the Board of Selectmen        Michael E. Cronin, Jr.
Carol Manning, Selectman                Old Saybrook Town Counsel
302 Main Street                         201 Main Street, P.O. Box 454
Old Saybrook CT 06475-2384              Old Saybrook CT 06475

Robert W. Fish                          John E. Wertam, Partner
Treasurer, Old Saybrook                 Shipman & Goodwin LLP
49 Obed Heights Rd                      One Constitution Plaza
Old Saybrook CT 06475                   Hartford, CT 06103-1919

Eugene M. Evangelisti, Chm. OSWPCA      Hon. Richard Blumenthal, AG
Town of Old Saybrook                    Office of the Attorney General
302 Main St                             55 Elm St.
Old Saybrook CT 06475                   PO Box 120
                                        Hartford CT 06141-0120
Gratia Lewis, Fin. Mgr OSWPCA           re Public Inquiry #339871
37 Old Boston Post Rd                   or #340861 (or both)
Old Saybrook CT 06475
                                        Nora R. Dannehy, US Attorney
Betsey Wingfield, Bureau Chief, DEP     US Attorney's Office
Bureau of Water Protection & Land Reuse Connecticut Financial Center
79 Elm St                               157 Church Street, Floor 23
Hartford CT 06106-5127                  New Haven, CT 06510