APPROVED
OLD LYME WATER POLLUTION CONTROL AUTHORITY
REGULAR MEETING
THURSDAY, NOVEMBER 17, 2005
The Old Lyme Water Pollution Control Authority met on Thursday, November 17, 2005 at 7:30 p.m. at the Old Lyme Memorial Town Hall. Those present and voting were George James (Acting Chairman), Mervin Roberts (Acting Vice Chairman), Louisa Grogan (Treasurer), Dmitry Tolchinsky, Roger Breunig, Mike Dickey and Steve Dix. Also present was Ron Rose, Sanitarian.
Acting Chairman James called the meeting to order at 7:30 p.m.
Budget
Ms. Grogan stated that the WPCA normally receives a budget of approximately $54,000.00. She noted that with carryovers from 2004/2005, the Commission ended up with $99,052.00. Ms. Grogan reviewed several invoices that were paid by Ms. Johnson without going through her. All charges were identified as appropriate.
Ms. Grogan stated that the WPCA has spent approximately $10,000.00 year to date, leaving a balance of approximately $43,000.00 of the regular budget. Mr. James stated that the $25,000.00 carryover for an inspector, he believes, was taken out of the budget. Ms. Grogan stated that the grid chamber and the cleaning came to a total of $5,900.00. She suggested that Mr. James confirm whether or not the carryover money is part of the approved budget.
Chairman’s Report
Acting Chairman James stated that he has an up-to-date list of people that have not pumped since 2000. He noted that the number is down to 205. Mr. Rose suggested sending a letter to these homeowners indicating that if the system is not pumped within 60 days the Town will make arrangements to have it pumped and the property owner will be charged through their taxes. Mr. James indicated that he does not want to bluff people, he wants to be able to follow-through.
Mr. James stated that the Health Department is authorized to charge a $50.00 late pumping fee and some people have paid the fee. He indicated that this is not equitable. Mr. Rose stated that any fee schedule must be approved at Town Meeting. Mr. James pointed out that there is a Town Meeting in January so now would be the time to address this. Mr. Rose stated that if a fine is levied and the homeowner challenges it, it will cost more in legal fees to the Town than it will to pump their system for them. Mr. James stated that that is why he likes the idea of pulling their permit to discharge.
Mr. Dix stated that he believes Old Saybrook used a Judge to issue an order to search the tank, as a means of getting the system pumped. He noted that this was Old Saybrook’s last step. Mr. Dix stated that Old Saybrook also has renewable permits to discharge. Mr. Rose stated that the WPCA ordinance states that there is a fine. He questioned whether it would be a good idea to send a copy of this ordinance to the delinquent homeowners.
Mr. Dix suggested publishing the names of the property owners who are delinquent. Mr. Roberts stated that the WPCA is faced with threats from Hartford that have to be answered in the near future and the only way the Town can protect itself is by being able to say that all tanks in Town have been pumped and inspected. He stated that these homeowners must have the consequences spelled out in a letter and the Town must follow through. Mr. Roberts stated that they should not try to get compliance piecemeal.
Mr. Breunig suggested drafting an ordinance for presentation in January. Mr. Roberts agreed. Mr. Rose suggested having Attorney Wells draft an ordinance that the WPCA could approve at a Special Meeting in December and forward it to Town Meeting in January.
A motion was made by Roger Breunig and seconded by Louisa to have Attorney Wells put together, with guidance from the WPCA, language to present at the at the Town of Old Lyme Annual Meeting strengthening the pump-out Regulations and fines.
Mr. Dix stated that the WPCA must move beyond basic septic tanks at some point and include maintenance of more complex systems, even if it is just a simple pump, to make sure that the pump is maintained and serviced. Mr. Roberts stated that Warren Herzig wants to know how the Town can be sure that enhanced systems will still be working five years down the road.
Mr. Breunig asked if the WPCA could set a meeting with Attorney Wells so that he knows what the Commission is trying to accomplish. Mr. Rose stated that the reason they cannot collect at this time is because there is no Town Ordinance. He reiterated that the fees need to be part of an ordinance not just the WPCA Regulations.
So voted unanimously.
Mr. Breunig stated that the Commission has discussed revoking permits to discharge. He noted that at some point in time this needs to be added to the Regulations. Mr. Breunig stated that he would be happy to meet with Attorney Wells to discuss what the Commission is trying to accomplish.
Sanitarian’s Report
Mr. Rose stated that he has received a letter from Warren Herzig regarding the system that was installed in Point ‘O Woods. He explained that he first got a letter from Robert Scully saying that this installation was in violation. Mr. Rose stated that he wrote him back stating that the system is fully complying with subsurface systems. He stated that he explained to Mr. Scully where this is found in the Code and how it did not apply to DEP. He noted that DEP does not agree with this.
Mr. Rose stated that he responded to Mr. Scully in August and in October he received a letter from Warren Herzig indicating that this installation is in violation and asking for explanation on eleven items. Mr. Rose stated that he reviewed the letter with the Town Attorney. Mr. Rose indicated that he feels Mr. Herzig is off-base. Mr. Rose stated that 5,000 gallons and above goes to the DEP and anything below that goes to Mr. Scully. He noted that there is nothing in the plan for the installation in Point ‘O Woods that falls under the jurisdiction of the DEP. Mr. Rose stated that Mr. Herzig has stated that the sand filter should have gone to the DEP. He noted that the Public Health Code recommends using a sand filter when there is a problem. Mr. Rose stated that as far as he
is concerned, based on the Health Code and the design manual, he has done nothing wrong. He noted that Mr. Herzig feels that because the system has a pump in it, it must comply with the eleven items he has asked to have addressed. Mr. Rose stated that many of the eleven items questioned are right on the plans. He indicated that he is answering Mr. Herzig’s letter out of courtesy, although he has been advised by some at the State Health Department to ignore the letter.
Mr. Dix stated that he believes the WPCA should use this system as an example of the good things that can be done following standard procedures of the State Health Code. Mr. Rose stated that he would like to write his reply to Mr. Herzig and have it reviewed by Attorney Wells, at which point he will present it to Mr. Herzig. Mr. James asked Mr. Rose to ask Attorney Wells whether it would be wise to establish a Waste Water Management District as the whole Town. Mr. Rose stated that another Town attempted to do that and the Townspeople voted it down.
Mr. Dix stated that complex systems need to be monitored and maintained. He indicated that the WPCA should require professional maintenance contracts on every system. Mr. Rose noted that the Regulations state that the Town will maintain the system at the homeowner’s expense if they fail to maintain it. Mr. Dix stated that in Massachusetts the requirement is issued to the supplier and they must provide an annual report. He indicated that he currently has to make an annual report to the DEP in Massachusetts.
Mr. Breunig suggested working with other Towns that are facing the same problems. Mr. James stated that he believes that most other Towns are not doing as well as Old Lyme. Mr. Rose noted that Old Saybrook is doing well, although they are under an Order.
Mr. Dix stated that the system at the Community Center has pumps and equalization tanks and is for varied uses. He noted that it is a complicated system. Mr. Dix stated that it would show good faith toward DEP if the WPCA took action and said that they would be sure it was inspected once a year to make sure it is working good and the system is in good shape. Mr. Rose stated that the WPCA has that now. He noted that anyone that wants to install an alternate type system must come to the WPCA. Mr. Rose stated that the requirements are in the Regulations for maintenance of them, but no one will allow these type of systems.
Mr. Dix stated that the proposal for the Community Center is a minimal system that can be squeezed in near the alleyway with many variances. He indicated that the setback variances are into the right-of-ways. Mr. Dix stated that the reserve is being installed up front so there is extra capacity if there is a problem. Mr. Rose stated that this proposal has already gone to the State for approval. He noted that if the State approves the system then it will come to the WPCA for approval.
Mr. Rose stated that he heard from Mr. Yuknat that he was given the okay by New London to move forward. Mr. James stated that this project will cut costs drastically and indicated his willingness to show support for it.
Mr. James stated that Rogers Lake is planning to do their mechanical raking. Mr. Breunig acknowledged that that is correct. Mr. James stated that a group of citizens met on Monday to discuss a longer-range plan for the lake, and they would like to see a more intense education program on the significance of the lake, particularly to try to give it more definition as a very import resource. He noted that there are many trees and beaches in Town, but only one lake. Mr. James stated that Rogers Lake is the Town’s aquifer and needs concern from both Towns. Mr. Breunig stated that the Lake Authority is well engaged in these activities and they are willing to accept help from whoever would like to. He stated that the group Mr. James is referring to has yet to contact the Lake Authority. Mr. James stated that there was a member of the Lake Authority present at the meeting he was referring to. Mr. James stated that there is an officer of the West Shore Association raising ducks. He
noted that some people need to be educated.
Mr. James stated that the Conservation Commission, the Wetlands Commission and the Water Pollution Control Authority are all interested in the health of Rogers Lake. Mr. Breunig stated that the President of the Authority would love to hear from all these organizations and work with them.
Mr. Roberts stated that nutrification and siltation are constant and at this point in time he cannot get into the Four Mile River at half-tide from Long Island Sound. He noted that his draft is only 18”. Mr. Roberts stated that the top of the Back River is the same way now. He stated that houses, activities and run-off make this happen. Mr. Roberts stated that if we want to keep these bodies of water we have to be prepared to dredge them.
Mr. Roberts stated that he wants to clarify who from the Commission will be meeting with Mike Wells. Mr. James indicated that he and Mr. Breunig would be meeting with him, and anyone else is welcome.
Mr. Breunig stated that he will be going to Florida in early January and returning in May, so this will be his last meeting until then.
The meeting adjourned at 9:02 p.m. on a motion by Mike Dickey and seconded by Roger Breunig. So voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Clerk
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