OLD LYME WATER POLLUTION CONTROL COMMISSION
REGULAR MEETING
Thursday, November 19, 2009
The Old Lyme Water Pollution Control Commission held a Regular Meeting on Thursday, November 19, 2009, at 7:30 p.m. in Conference Room of Memorial Town Hall. Those present were Tom Risom, Chairman, Joe O’Connor, Louisa Grogan, Dimitry Tolchinsky, George James, Mike Dickey, Mervin Robers and Roger Breunig. Also present was Ron Rose, Sanitarian and Ron Ochsner, Commission Counsel.
Acting Chairman Cable called the Meeting to order at 7:33 p.m.
Chairman’s Report
Chairman Risom reminded the Commission that Attorney Wells resigned after many years as the Commission’s Counsel. He noted that at an earlier meeting in the Fall the WPCA agreed to hire Ron Ochsner of the firm Branse, Willis and Knapp. Chairman Risom stated that he sent the current WPCA Regulations to Attorney Ochsner for advance review and communicated to him the changes that the Commission would like to make. He introduced Attorney Ochsner to the Commission and asked him to explain his thoughts regarding the current regulations and also regarding the proposed changes.
Attorney Ochsner stated that he is an engineer and retired Naval Officer. He indicated that he is a WPCA Attorney for the Towns of Marlborough and Montville. He stated that he has also put together Ordinances for sewer avoidance for many towns. Attorney Ochsner explained that Old Lyme is a non-chartered Town and as such is run by the Board of Selectmen, with Town Meeting being the legislative body. He stated that the Town Meeting is the authority that adopts the law of the Town. Attorney Ochsner stated that townspeople must obey Zoning Regulations and if they fail to, judicial action can be taken to enforce the regulations. He indicated that most other agencies within the Town can adopt regulations but they do not have the force of Ordinances.
Attorney Ochsner stated that the Town can adopt a new Ordinance that states if the WPCA Regulations are violated then the Ordinance has been violated. He noted that the Town has already adopted the wastewater disposal ordinance in 1997 and that has regulatory provisions in it which makes it possible to enforce. Attorney Ochsner stated that the Town of Old Lyme could adopt an Ordinance that states that the WPCA has regulations and if those regulations are violated, than the ordinance is violated and judicial action can be taken.
Attorney Ochsner stated that he has reviewed the WPCA Regulations and the Wastewater Disposal Ordinance and noted that the Ordinance has addressed the issues needed to make it work; it ensures that septic systems are pumped and checked periodically. He explained that the one thing he has noted is that there are some steps and procedures in the Ordinance that should be updated such as adding steps for monitoring systems that are failing.
Attorney Ochsner indicated that he worked with the Town of Westbrook in drafting a Sewer Avoidance Ordinance. He noted that it is important, in monitoring, to have information coming in as to whether there are problems with a system or if a system is failing. Attorney Ochsner stated that in Westbrook they have a software program, Carmidy that is specifically designed for this type of monitoring. He explained that the haulers input the information from their laptop computer in their truck.
Attorney Ochsner stated that if the Town of Old Lyme had an Ordinance that made a violation of the WPCA Regulations a violation of the Ordinance, there would be a need for the Town to set up an Appeals Board. Chairman Risom explained the appeals process that was set up in response to the Pump-out Ordinance. He noted that there have been several appeals, all of which were heard and the requirement upheld. Mr. O’Connor stated that it is time to take enforcement to the next level.
Mr. Roberts questioned whether any of the proposed changes in the regulations could make the Commission vulnerable to being required to join a Health District. Attorney Ochsner stated that that issue would be up to the Board of Selectmen, as it is an executive function. He indicated that changes to the regulations are being instituted to get a better grasp on the existing situation and have nothing to do with joining a Health District. Attorney Ochsner reiterated that joining a Health District would be a decision made by the Board of Selectmen.
Chairman Risom stated that that the Commission would like to require people to install a B100A septic when they expand, not just show that one could be installed. He indicated that they would also like to add a requirement that cesspools and steel tanks be eliminated. Attorney Ochsner stated that this could be accomplished through an Ordinance. He stated that the Ordinance would set a date in the future in which all steel tanks and cesspools must be replaced. Attorney Ochsner stated that if Old Lyme requires a permit to discharge through an Ordinance and a report is received that a system is failing, they can then revoke the permit to discharge.
Attorney Ochsner stated that he will proceed with reviewing the regulations for any adjustments that may be needed and will put together a proposed amendment to the existing Onsite Wastewater Disposal Ordinance and a parallel ordinance to make the WPCA Regulations enforceable. Chairman Risom reminded Attorney Ochsner that they would also like the By-laws separated. He agreed and noted that there is no reason to have them as part of the regulations. Chairman Risom suggested that there is a Town Meeting in May which would give them plenty of time and review the proposed ordinances.
Mr. Breunig questioned whether Attorney Ochsner could find model ordinances in Connecticut. Mr. Tolchinsky suggested looking at Rhode Island Regulations. Attorney Ochsner stated
Glastonbury has good Regulations but the difficulty is there are 169 municipalities with different forms of Government. He noted that what Glastonbury can do with Regulations may not be what Old Lyme can do with them. Attorney Ochsner stated that when working with Montville he took the best parts of different Towns’ Regulations and used the sections that best suited Montville. He asked them all to remember that each Town is unique, noting that Montville has a sewer treatment plant, a prison, paperboard industry and a Casino. He noted that Marlborough sends their wastewater through a central plant so the purpose of their WPCA is significantly different. Attorney Ochsner stated that for reasons such as these each Town’s WPCA’s role is fairly unique.
Chairman Risom stated that he would like to see a requirement in the Regulations that requires installation of a B100A system when applying for conversion. He indicated that Ron Rose states it is already a requirement in the Health Code. Chairman Risom questioned whether it would make sense to also require by Ordinance. Attorney Ochsner stated that it could be included, but it is already a requirement of the Health Code and must be followed.
Chairman Risom stated that he does not see the need to purchase software to track pumpings which are currently tracked by Ms. Swaney. Mr. Breunig agreed and noted that as a small Town the data is not unreasonably voluminous to track. Chairman Risom asked Mike Dickey to look into the Carmidy software to see if there are benefits to using it other than the data being inputted directly by the haulers.
Chairman Risom thanked Attorney Ochsner for his time and stated that the Commission looks forward to receiving his proposed/revised Ordinances and Regulations. Attorney Ochsner indicated that he would attend the January Meeting to meet Brian Curtis and get the results of the trend analysis report.
Sanitarian’s Report
Mr. Rose reported Swine Flu deaths in Connecticut year to date. He distributed his monthly report.
Budget
Ms. Grogan stated that there is $10,871.00 left in this year’s budget. She stated that she has requested the same line items and totals for 2010/2011. Chairman Risom stated that they will have attorney’s fees for Attorney Ochsner’s work, where they really haven’t had any in the past.
Chairman Risom stated that this evening’s meeting is the last for Joe O’Connor who is stepping down from the Commission after many, many years. He noted that Joe was instrumental in instituting and maintaining the current regulations. The Commission thanked Joe and wished him well.
The meeting adjourned at 9:34 p.m. on a motion by Louisa Grogan; seconded by Mike Dickey and voted unanimously.
Respectfully Submitted,
Susan J. Bartlett
Recording Secretary
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