APPROVED
OLD LYME WATER POLLUTION CONTROL AUTHORITY
SPECIAL MEETING
THURSDAY, MAY 18, 2006
The Old Lyme Water Pollution Control Authority met on Thursday, May 18, 2006 at 7:30 p.m. at the Old Lyme Memorial Town Hall. Those present and voting were Tom Risom (Chairman), George James, Dimitry Tolchinsky, Joe O’Connor, Aimee Eberly, Louisa Grogan and Roger Breunig. Also present was Ron Rose, Sanitarian.
Chairman Risom called the meeting to order at 7:35 p.m.
Chairman’s Report
Chairman Risom stated that Gary Yuknat will be coming to the June or July Meeting to discuss the changes he is making to the Transfer Facility. He noted that Mr. Yuknat has put $30,000.00 of his own money into the Facility and he would like the Town to reimburse half of it. Chairman Risom stated that Mr. Yuknat would like to separate the solids from the septage, so he is purchasing land in Montville, and he is installing a filter press there. He explained that the septage will be hauled to the filter pressed where the solids will be squeezed out and dumped at the landfill and the liquids will be sent to New London. Chairman Risom stated that the tipping fee will be lowered immensely and perhaps the Town will not need to subsidize the Transfer Station any longer. He noted that the Town
subsidized just under $50,000.00 this year. Chairman Risom stated that Mr. Yuknat may ask to put the Transfer Station license in his name so that he may run it as a business.
Chairman Risom stated that one of the improvements made to the Transfer Facility was the addition of a 20’ x 20’ concrete pad. He noted that Mr. Yuknat has also purchased a macerator to chew up the solids in the septage before it goes in the tank so the pumps don’t have to work so hard. He noted that the pumps are at a 140% of their life expectancy.
Chairman Risom asked for a nomination of Roger Breunig for Vice Chairman. Mr. O’Connor nominated Roger Breunig as Vice Chairman. Louisa Grogan seconded; so voted unanimously.
Mr. James displayed a map of the Rogers Lake Watershed. He noted that it covers a very large area. Mr. James stated that he is concerned because there is a possibility of 80 new houses along two major streams that come in to the lake. He noted that the 2003 study performed shows a delicate phosphorous balance in the lake at this time. Mr. Breunig stated that at the current time nitrates and phosphorous are not a problem in the lake. Mr. James stated that if nothing is done to prevent standard approaches to lawns, the fertilizers and chemicals will all get down into the lake.
Mr. James stated that it is possible, legally, to declare this area an area of special concern and to require that both in the construction and post construction phases, that there is no increase in load of nitrates and phosphates. Mr. Breunig stated that in order to do it properly, they should include the entire 4824 acres of the watershed. Chairman Risom agreed and noted that an increase in load would not necessarily be the result of those 80 new homes. Mr. Tolchinsky stated that it would be difficult to control and monitor. Mr. James stated that the phosphorous load could be determined tomorrow and it could be sampled again after construction. Ms. Eberly questioned how it could be enforced. Chairman Risom stated that the enforcement would have to be written in to the Regulation.
He indicated that it would not be possible to go after an individual house, it would have to be the homeowner’s association. Mr. Rose noted that enforcement would be difficult. He noted the large number of homes already constructed in the Rogers Lake area.
Chairman Risom stated that they could do some good-faith things that monitors the water which could be added to the current program if everyone agreed. Mr. James stated that he believes the DEP would support his idea. Mr. O’Connor suggested an education program. He noted that he feels an education program will do more than a regulation will. Mr. Breunig stated that the Town’s quarterly report has a section from the Lake Association that asks people not to use fertilizers.
Mr. Rose asked that Mr. James explain how he got the number 80 for new homes. Mr. James stated that five have been constructed, the Awwa Subdivision has been approved for 10 homes, the Foster Subdivision just came to Planning for 33 lots, and he heard from a good source that there is another 33 on the top of the hill coming soon. Chairman Risom stated that Foster has not submitted his plans yet. Mr. James replied that Mr. Foster has plans and may just be in the preliminary stage, but the homes are coming.
The Commission discussed test wells and Mr. James suggested testing after a good down pour to see what is coming in. Chairman Risom agreed and noted that they do not have to test just twice a year.
Mr. Breunig stated that there was a spike in the balance of Rogers Lake in the 1990’s but the 2003 report indicated that the balance was good. Mr. James stated that Rogers Lake has the best history data of any lake around. Mr. Risom questioned why they would add it to the WPCA’s list if it is already being monitored. Mr. Breunig stated that he is not aware of anyone doing testing lately. Chairman Risom stated that an action can be taken to add surface water test points. It was agreed that testing would be added at the two main points of entry into Rogers Lake to establish a baseline. Chairman Risom stated that in the next few months it should determine where the tests should be taken and what tests should be performed and the Commission can act on it.
Chairman Risom stated that there are still 40 homeowners who have not pumped. He stated that letters were sent to people who haven’t pumped; the first letter and the second letters were friendly, but the third letter was more serious. Mr. Breunig stated that he has a neighbor who refuses to pump because he only uses the home a few months a year. He indicated that his neighbor has never pumped since he purchased the property around 1976.
Mr. O’Connor noted that the new Regulation was written in December. He noted that Attorney Wells was present at that meeting and the Regulation was adopted at Town Meeting. Mr. O’Connor stated that the Regulation addresses fines that will be imposed. He explained that the first letter went out to 114 people. He stated that on March 30 a letter was sent to 14 people who, it was felt, never pumped (Mr. O’Connor read this letter for the record). Mr. O’Connor stated that he gave Mr. Risom a new letter that should have been sent mid April but was not because Chairman Risom thought that the Commission should see it first. Mr. O’Connor stated that it was suggested that Attorney Wells also review the letter.
Mr. Rose stated that the fines could be posted on the Land Records so that homes cannot be transferred without payment of the fines. He suggested that he could also revoke permits to discharge for homes that refuse to pump. Ms. Eberly questioned how a permit to discharge could be revoked for homes that were never issued one; such as people with cesspools. Mr. Rose stated that he could only revoke it in the case of homes that have been issued a permit to discharge.
Chairman Risom suggested that the WPCA start an enforcement report so that the Commission can look at it every month. He noted that this report can be the start of enforcement tracking. Mr. O’Connor stated that before a fine can be imposed, a homeowner must be assessed two late pumping fees. He noted that the Regulations require 90 days between the late pumping fees.
Ms. Eberly suggested changes to the wording of the letter. She noted that the letter states fines will be imposed until the septic system meets the requirement of the State of Connecticut. Chairman Risom stated that it should state until the septic system is pumped, as the requirement has nothing to do with bringing systems up to Code. Mr. Risom stated that in the future they can make a Regulation that states as of a certain date cesspools are no longer allowed. He noted that the current Regulation for pumping will give the Town information on every system in Town.
Chairman Risom asked for a consensus of the Commission on whether the letter should be sent, wordsmithing aside. He noted that he and Mr. O’Connor will work on the letter for accuracy. He stated that the letter should state that the non-pumping fee will be issued again in 90 days if the system is not pumped, and fines of $100.00 per day will be imposed 90 days thereafter if the system is not pumped. Chairman Risom stated that he would also like to tell the homeowner that the fines will be filed as a lien on the land records if they are not paid.
Budget
Ms. Grogan stated that the WPCA currently has $9,927.91 in the current operating budget. She indicated that she believes all the bills are in.
Minutes
A motion was made by Aimee Eberly, seconded by Dimitry Tolchinsky and voted unanimously to approve the minutes of the March 15, 2006 Regular Meeting as corrected.
Sanitarian’s Report
Chairman Risom questioned whether the number shown for the total gallons under April 2006 is just the month of April or year to date. Mr. Rose indicated that he was not sure. Chairman Risom stated that he would like the columns headed more clearly, such as year to date or just April 2006. He indicated that he would like to see year to date totals for this year and the prior year. Mr. Breunig stated that he thinks the April 2005 and April 2006 totals are for the months of April only. Chairman Risom stated that he would like the current month’s number, along with the year to date numbers.
A motion was made by Dimitry Tolchinsky, seconded by Aimee Eberly and voted unanimously to go into Executive Session to discuss pending litigation.
A motion was made by Aimee Eberly, seconded by George James and voted unanimously to adjourn the Executive Session.
Chairman Risom stated that no decisions were made and no votes were taken during the Executive Session.
At 9:20 p.m., Mr. Tolchinsky made a motion to adjourn. Mr. O’Connor seconded; so voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Clerk
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