Questions Received at the
LEGAL
1. Can
you cite (identify) any specific locale in the town of
2. Why
do we need a wastewater management district?
Why cannot our WPCA direct this process without adding another level of
bureaucracy? State
legislation was adopted in 2003 providing for the formation of Wastewater
Management Districts (WWMD). The WWMD
additions to the Connecticut General Statutes (Chapter 103, Sections 7-245 to
7-249a) provide a mechanism for municipal Water Pollution Control Authorities
(WPCAs) to manage decentralized wastewater programs and allow for adoption of
standards for on-site systems that may differ from the current Public Health
Code (PHC), including use of advanced treatment systems.
3. Why
are the areas of Fenwick (waterfront), Knollwood (waterfront), and North Cove
(waterfront) exempt? These areas are not exempt.
They are not part of the initial program (as defined by the DEP), but
there is nothing to preclude expansion after the initial program is in
place. The DEP refused to allow the Town
to change the boundaries during the final mediation. However, please note that the Special Act of the State Legislature that established
the Borough of Fenwick in the 1890's includes their Charter gives the Borough
the authority to control their sewage treatment (not the Town of
4. Is
this just phase 1? The WWMD and scope of the upgrade
program is required to complete the requirements of the Stipulated Judgment and
Mediation Settlement with the State. The
WWMD that will be created by the proposed ordinance specifically identifies 15
areas. After the requirements of the current upgrade program are completed, the
WWMD will be managed by the local WPCA who will control any needed expansions
in the program. Any further extension of
the WWMD boundaries will require a revision to the ordinance. Otherwise, there is no authorizing
legislation to enforce compliance with any WPCA order to upgrade other than the
currently identified 15 areas.
5. Why
does Saybrook Acres come into this? Why
Fenwood, a planned community with appropriate lots, systems etc.? Why not
Knollwood? Both on tidal marshes. The original areas were first based upon septic repair records,
proximity to shore lands, depth to groundwater, and an assessment by the Town
Sanitarian, amongst other criteria. Saybrook Acres was apparently included due
to these considerations.
6. Knollwood
and Fenwick areas were not mentioned.
Why? WPCA members live there? All
the other beaches made the list. Not all beaches are part of the current Upgrade
Program. None of the current WPCA
members live in Knollwood or Fenwick.
See Questions 3 and 5.
7. Why
is the solution focused only on the 5 areas?
Why is a town-wide approach not being considered? There are 15
neighborhoods included in the Wastewater Management District (not 5). See Questions 4 and 5.
8. How
soon will other areas be affected? Current upgrade program is estimated to be completed in
2017. Other areas may not be affected until after completion of the current
plan. See Question 5 for explanation of
how the WWMD is defined.
9. Will
the DEP be satisfied with 100% compliance from the 15 neighborhoods or will
that just kick in phase 2? (Basically converting
100% of town over time, making a treatment plant MUCH more desirable.) The court order does
not allow DEP to change anything unilaterally.
After the Stipulation Order has been satisfied, the management of the
WWMD resides with the Town of
10. Would the
decentralized system offset the permanent installation of sewers to a
centralized system and if not, for how long?
The Decentralized Wastewater Management
District is considered a long-term (permanent) method of addressing wastewater
issues by both the OSWPCA and CT DEP.
11. When will
vote take place? Vote on the establishment of the WWMD
and upgrade program will be held during the summer of 2009. Will seasonal owners be allowed to
vote? Non-registered voters? Any individual who owns
at least $1000 worth of property in the Town of
12. Of
all the shoreline towns, why was Old Saybrook targeted for suit by the State
first? Old
Saybrook voted down the Tri-town sewer system in 1989, while under a DEP
pollution abatement order. The Town took
no other action to modify the project, propose an alternative solution, and
bring it before the voters after the 1989 referendum. The non-compliance with a DEP order, combined
with no good-faith effort on the part of the town to find alternative
solutions, led to DEP suing the town in 1990.
With regard to the other shoreline towns, both Clinton and Westbrook are
under DEP orders, have contracts with environmental consultants, and are
pursuing solutions to their wastewater issues.
Old Lyme is currently installing sewers (to the
WASTEWATER FACILITIES PLAN - UPGRADE PROGRAM
13. Where do we
find maps of individual areas? Maps of the WWMD areas
are available at Town Hall, on the internet:
www.oswpca.org, and at the Acton
Library (Draft Wastewater Facilities Plan)
14. Which
neighborhood will be implemented first? Saybrook Acres
15. Will
groundwater samples be required? Groundwater samples for determining the type of upgrade
needed on a particular lot will generally NOT be required. Periodic groundwater sample analyses after
installation will not be required either.
16. How do
these properties get tested? Who does it?
What does it entail? Properties within the WWMD will be subject to evaluation
during the Research Phase of the Wastewater Facilities Plan. Paraphrased from section 7.2.1 of the
Wastewater Facilities Plan: The
research, which will include a review of Town records, and in most cases, test
pits, will be used to determine if the existing septic systems meet the
requirements of the Upgrade Program Standards. If not, the Town’s engineer will
determine what is needed to meet the Upgrade Program Standards (or if an AT
system is needed). The homeowner will
then be notified in writing of what needs to be done to meet the upgrade
standards.
17. Does it
make sense to have onsite testing on all properties? Onsite testing will
be determined by the Town’s engineer during the Research Phase. Please see Question No. 16.
18. If this is
truly being done on a “lot by lot” basis doesn’t it stand to reason that a
seasonal home (where the water is shut off from Nov. to April) would be fine
with a reasonably new septic system? As
it is only being used 6 months of the year. All septic
systems are sized based on the number of bedrooms … not average annual flow
(annual usage). Septic systems have to
be sized to handle the amount of wastewater during peak usage.
19. How do we
estimate or plan for our property? Look at maps for
preliminary assessment. Maps of the WWMD areas are available at Town Hall, on
the internet: www.oswpca.org, and at the Acton Library (Draft Wastewater Facilities Plan). An
update to these maps is currently underway and expected completion is spring
2009. Specific details won’t be available for your property until the research
phase. Refer to question 16.
20. Can an
owner get a second opinion on the onsite solutions? Yes, but the
solution will be subject to WPCA and/or Health Dept. approval.
21. Would a
home built 2 years ago (2006) and the septic system approved by the Town of
22. Our lot has
greater than 2/3 the required leach area.
Will we only need to increase the leach area? And by how much? Each non-waterfront property in the 15 areas must meet the
public health code’s (PHC) minimum standards.
Improvements are required on all properties to meet those standards, or
to come as close as possible given the property’s physical constraints. If the property cannot meet even 2/3 of the
PHC, then alternative technology or offsite treatment will be required.
23. If
I am in a waterfront property that has not been designated WWMD area, how do I
find out if my current system is acceptable?
If you are on a waterfront property NOT in
WWMD, your current system is by default acceptable at this time.
24. Information
specific to the types of upgrades has been a long time in coming. Let’s get the needed information out there
since this has to be done. What choices
will be available? The types of upgrades and potential choices would be determined
during the research phase and will be tailored to each property. See Questions 16 and 22 and the Wastewater Facilities Plan (available at
the Acton Library) for more detail.
25. What do I
have to do to update my system, when, and what it would cost? Refer to question
#22.
26. How is a
particular system evaluated to determine if polluting beyond standards? Meadowood lots are large enough to support
conventional septic systems!!!! So why is Meadowood included in this project? Physical size is
only one parameter of the evaluation.
Meadowood lots may be large enough to meet PHC, but may not have
adequate soils or depth to groundwater to properly treat wastewater.
27. Should
someone put a system upgrade in now or wait for referendum? Some upgrades can be
done before referendum. For example,
steel tanks, cess pool removal on a non-waterfront site or conventional septic
system installation. Others who may be
subject to AT systems should wait because the permitting process for these
systems is not in place yet. This should
be discussed with the Health District (CRADH) located in the old theater
building on
28. If we
upgrade now are we eligible for a grant?
No, the process for upgrade financing is not in
place yet. However, if you qualify as a
low-income owner, money is available for repairs to current septic systems
through the social services located at the Youth and Family Services office
next to the Fire House on
29. I had RJ
Dibble install 2 10x10 drywells on my property in the mid 1980s. The Town authorities suggested this instead
of a leaching field. My property is
built on original sand and is above sea level.
If the map on the web indicates I must remove the dry well to put in a
leaching field is the Town going to pay for this removal and replacement? 3 people live in this house in Meadowood. The standards for
septic systems may have changed since the ‘80s and each property owner in the
WWMD will be responsible to meet the new standards.
30. Decentralized
– What if it doesn’t work? Like many bureaucratic undertakings that have
failed. Who pays? We have great
confidence that it will work based on many other communities across the country
who have been using this approach for more than 20 years.
31. What
happens if the decentralized approach is not effective? Will individual families have to change their
systems more than once? Unlikely, because proven elsewhere for more than 20 years.
32. Will the
town be upgrading the stormwater system in conjunction with this project? Our home is not represented on the town
map. Will we be affected? How does this affect us? Will there be a later phase that includes our
home? Stormwater
management is not part of the Draft Facilities Plan at this time, but may be
part of the WPCA’s purview in the future.
The BOS and Town Planner will be reviewing the infrastructure to
coincide with implementation of the Decentralized Wastewater Management
Program.
33. Why was the
decision made that this should be individual homeowner problem solution instead
of a community solution? After the central sewage
treatment plant with sewers referendum failed in 1989, the Town evaluated a
number of other options. The rationale for
recommending a decentralized program vs. a central sewage treatment plant with
sewers is described in detail in Section 8 of the Draft Wastewater Facilities Plan available at the Acton Library.
34. Is this the
best solution (individual wastewater treatment) for the “Sound” as opposed to a
large-scale, state of the art treatment facility, like the one in
35. How is the
decentralized approach a better long-term solution than a central wastewater
treatment plant when it only involves 1900 homes? Please
refer to the evaluation that can be found in the Draft Wastewater Facility Plan Section 8 and available at the Acton
Library.
36. Does this
system (decentralized) open up the explosion of high rises (hotels etc.) in the
area? A
Decentralized Program as proposed should not affect the number of high rises or
hotels in our Town. The Town Zoning
Board determines where hotels may be built and what the requirements are. In addition, upgrade standards do not apply
to new construction or systems that are larger than 5000 gallons per day
discharge.
37. In some of
the locations in affected areas there are storm water drains that have not been
maintained or upgraded by the town for many years. If they could be maintained it would relieve
a lot of drainage problems which would enable property to leach. Problems associated
with ability to install a proper leaching system will be addressed during the
Research phase of the Upgrade Program on a lot-by-lot basis.
38. Why is
Fenwick not shown on maps? Only the areas currently part of the proposed Wastewater Management
District and current upgrade program are shown on the maps.
39. In what
order will neighborhoods be addressed? The Mediation Results document, Appendix E of the Draft Facilities
Plan, lists seven groups of neighborhoods in the following order: Group 1: Saybrook Acres, Group 2: Saybrook
Point, Oyster River East, and Thompson, Group 3: Plum Bank, Great Hammock, and
Indiantown, Group 4: Chalker Beach and
Meadowood, Group 5: Cornfield Point, Group 6: Saybrook Manor, Cornfield Park,
Ingham Hill, Group 7: Maple Ave. North and Fenwood.
ADVANCED TREATMENT SYSTEMS
40. If the ATS
fails causing property damage where does the homeowner find restitution? Sue the Town? The Dep? Both? The WPCA?
Same as if your septic system fails. Check your homeowner’s insurance. Proper maintenance and a service contract
(like your oil burner) will reduce the possibility of failures.
41. Will the
Town stand behind these new systems and guarantee them for 20 years? The manufacturer may
warranty the components of an AT system.
The town does not guarantee any septic system. See Question 40.
42. With new
decentralized system – what happens with power failure? Many systems that
require power (for example, AT systems) have capacity to hold the wastewater
during a power failure for several days until power is restored.
43. What if you
don’t have a large enough lot to accommodate the ATS leaching system? Where would the occupants park their cars? ATS leaching systems
can be very compact compared to conventional leaching fields and there are many
options for compact leaching systems and how they can be sited. What is best for your site will be determined
during the Research Phase of the program on a lot-by-lot basis by a qualified
engineer.
44. What
happens if there is not enough room on the lot to install an AT system? The best feasible
solution that meets our obligations under the upgrade program will be
recommended. In the rare instances where
there is no method of installing an onsite solution, off-site solutions will be
evaluated.
45. Will Soil
Air systems be acceptable for advanced treatment? Approved systems
have not been selected yet.
46. What
happens if ATS does not meet discharge requirements? ATS designs that will be chosen will have
demonstrated ability to meet its discharge requirements when installed and
operated properly. Many will have been
certified by a testing organization like the National Sanitation Foundation
(NSF). ATS will have alarms that are monitored
by the Town. If a system malfunctions,
the homeowner will be notified so that a service call can be initiated. Some components of a system may also be
warranteed by the manufacturer.
47. Do these
systems release an odor? No systems release an odor if operating properly.
48. Who will
compensate me for loss of value to my home with this new eyesore on my
property? There
is no loss of value associated with AT system installation. Depending on the design of the system, almost
all of the components will be underground with grass covered access covers
similar to a conventional septic system.
49. What are
the parameters for ATS? Property owners
who are in need of ATS can SoilAir technology be acceptable? Approved ATS has not
been developed yet.
50. What
systems have been approved? The conventional septic system with leaching field is the
only approved system for homeowners at this time.
51. Will the
property owner have choices over the type of ATS? Yes, among the
approved selection.
52. We are
planning to put in a patio in the back yard – how much yard will need to be
torn up? We are in the “red” zone! This cannot be determined this until the property is
evaluated during the research phase. See
Question 16 for a brief description of the process.
FINANCING AND COSTS
53. The “Town”
will monitor and maintain the AT systems and bear 100% of the administration,
enforcement and monitoring. How many
homeowners will be included in this town service and how much will it cost the
other homeowners/taxpayers who are not included in this and who have very
expensive systems which the town does not pay any part of but none-the-less
demand? Property
owners will be required to pay for operation and maintenance of their on-site
systems, with the exception that the Town will cover the costs of remote
monitoring and program management.
Remote monitoring will be for all AT systems (500 properties
estimated). Program management will
include all properties through the current pump-out program.
54. Does the
maintenance-cleaning servicing or replacement of related mechanical or other
equipment of leaching systems, septic tank, or other component of a sewage
treatment plant to preserve its intended level of operation mean that the town
pays for 100% of the maintenance service at taxpayer expense and for just the
new AT system and anyone else who have expensive systems to maintain? What will the remote monitoring consist of –
cost? Town
(taxpayers) would NOT pay the operating costs of a Wastewater Treatment Plant. State and federal regulations require that
the users of the system pay for 100% of the operating and maintenance costs of
such systems. Town taxpayers would pay
100% of administration of WWMD and ATS monitoring. Cost of implementing a remote monitoring
system is estimated at $150,000 to be shared by all taxpayers.
55. The Town
has a surplus. Why must homeowners pay anything at all? State or Town should
pay for upgrade in full. As with a homeowner’s current septic system, it is the
property of the homeowner and purchased with the home, it services the
individual property and is maintained by the homeowner. See Question 54 for what portion is being
covered by the State and Town resources.
56. Why are a
few (1900) residents paying for a solution that involves the whole town? All taxpayers are
paying for the administration and monitoring.
57. How does a
senior on a fixed income pay for all of this? Low
income homeowners may apply for assistance through Social Services. Low interest loans will also be available.
58. Your
figures for cost are way off! If AT
systems are $28,000 why use $10,000? You
state value of property will be increased.
How!! If sewers why not for whole
town – not just for south of Route 1 – more people would be sharing cost!! The costs of AT systems have a wide range depending on what
is needed for a particular property, size, etc.
Please refer to the Draft
Wastewater Facilities Plan Sections 7 and 8 (available at the Acton
Library) for detailed explanation of the cost analysis and the evaluation of
alternatives.
59. Is CT
funding any part of this mandate? How
much? 25% grant
is expected from the Clean Water Fund.
60.
Is grant $ also available for treatment plant? For treatment plant,
Clean Water Funds are applicable.
OTHER
61. I am very
much in support of the individual evaluation of the systems in OS. I feel that
bulk treatment plants are vulnerable to “run-off” during periods of heavy rain
and/or snow. Are there any studies that
have been done or are planned that could show the impact of runoff from such
towns as
62. Is it true
that
63. Once sewers
are installed in the so called summer/beach cottages the whole town will also
have to have sewers – so what are we waiting for? The
proposed upgrade program does not call for installing sewers.
64. What are
the long term consequences (15-20 years) to the town of not addressing this
problem as a town-wide basis? The current plan takes
us to 2017 which addresses the DEP’s designated “problem areas”. Plan may be expanded to other “problem areas”
as needed and determined by the OSWPCA. Any
expansion of the WWMD will require a change in the enabling ordinance that
establishes the WWMD.
65. Need hard
copies of financial costs and owner costs to finance. Also project schedule. Hard copies of the
costs, etc. can be made from the Draft
Wastewater Facilities Plan available at the Acton Library.
66. Would like
to be notified in writing of the correct classification of my property. (
67. What is
being done about the overflow sewage from Towns north of us and being brought
downriver on barges to be dumped in the sound near our coastline? Refer to #61.
68. Can
I obtain: 1. Purchase of Facilities Plan
(Draft) 2. Written description of potential financing policy and who will administer? 3.
Financial Impact on other Town taxpayers not involved in this program –
written statement. Written info for all three requests is in the Draft Wastewater Facilities Plan which
can be copied at the Acton Library.
69. Has the
Town of
70. My home is
considered seasonal. I would be more
than willing to upgrade the septic system if I would then become a year-round
resident. It does not seem fair to have
to take on this expense without an upgrade to a year-round resident. My current system is new and more than
adequate for the 12 weeks of use per year.
I pay the same tax rate as other citizens. What are these other requirements that the Q
& A page says the BOS and Town Board members will address? Regarding seasonal
conversions, the Code of the Town of
70. Will OS
Wetland Commission have control in the 50’ upland review area? Many of the WWMD
properties are adjacent to tidal wetlands which are regulated by the Zoning
Commission. Some properties are adjacent to inland wetlands which are regulated
by the Inland Wetlands Commission. Discussions will be held with both
Commissions to determine how to address the WPCA concerns as well as the wetlands
protection issues.
71. Why is dry
well removal and replacement with new leaching system mandatory in Meadowood
but not in Saybrook Acres which has more
72. What is considered an
undersized septic tank? The current Public Health Code
requires
a 1000 gallon tank for a 2 or 3 bedroom house; a 1250 gallon tank for 4
bedrooms; and a 1500 gallon tank for 5 bedrooms. Houses constructed in the
1950s and 1960s generally have 750 gallon tanks for a 2 bedroom house and 900
gallon tanks for 3 bedroom house – most of these are single compartment tanks.
The proposed upgrade standards require a two compartment septic tank as these
provide better separation and treatment than single compartment tanks.
72. If a
73. The First
Selectman talked about “full use” of our property. Yet season property will not automatically be
upgraded to full residency. Why is the
septic upgrade not an automatic upgrade to full residency? There cannot be an
automatic upgrade to year-round status because there are many more requirements
that need to be met besides septic upgrades.
See Ordinance 62 in the Town Code for all the requirements.