OLD LYME WATER POLLUTION CONTROL COMMISSION
REGULAR MEETING
Thursday, November 18, 2010
The Old Lyme Water Pollution Control Commission held a Regular Meeting on Thursday, November 18, 2010, at 7:30 p.m. in the second floor Conference Room of Memorial Town Hall. Those present were Tom Risom, Chairman, Dimitry Tolchinsky, George James, Mike Dickey, Luisa Grogan, Aimee Eberly, and Roger Breunig. Also present was John Flower, Assistant Sanitarian, Attorney Ron Ochsner, Brian Curtis, Nathan Jacobson Associates, and Mark Gilbert.
Chairman Risom called the Meeting to order at 7:33 p.m.
Chairman’s Report
Chairman Risom stated that this is the last Regular Meeting of the Commission for 2010. He explained that they should hold a special meeting in December to hold an election for officers and to vote on the annual meeting schedule.
Chairman Risom stated that Mr. Curtis is here to explain what he knows as far as the beach areas and their options for sewering. He explained that Attorney Ochsner is here to discuss litigation of non-pumpers.
Chairman Risom stated that he met with the beach areas and presented the proposed ordinance. He noted that most everyone was against it because they did not want to be required to do a repair of their system, which they look at as just a band-aid, with sewers being the eventual solution. Chairman Risom stated that the WPCA voted to table the ordinance amendment and enter into a period of discovery where they would look at individual and community solutions. He explained that they need to figure out how they can collect and organize this information.
Brian Curtis brought a map of the shoreline area of Old Lyme. Mr. Curtis stated that he knows little about Old Colony and Old Lyme Shores except that they put out a public notice asking for engineering firms submit qualification statements for basically looking at their communities, evaluating their lots for suitability for septic systems on a long term basis and for those that could have a long term satisfactory system, what would they have to do. He noted that they would also like to identify those lots that cannot support a septic system and then explore community systems/technology systems for these lots. Mr. Curtis stated that he presumes that the beach areas have spoke with the DEP. He indicated that he is not aware of whether they are involving the Town in this process.
Chairman Risom stated that the Beach Associations were at the last WPCA meeting and although five of them can form their own WPCA, they have indicated that they would rather work with the town. Chairman Risom stated that he believes the Town would like to support this.
Mr. Curtis stated that there will be many extremes in the situations found on lots. He noted that there is discussion of alternative technologies. Mr. Curtis stated that with those type of systems there still must be certain site conditions that are satisfactory in order for them to operate properly. He indicated that conventional systems require the least amount of maintenance and are the lowest costs. Mr. Curtis stated that he will leave some handouts that will cover most of what he is explaining. He noted that alternate technologies have smaller leach fields with is a huge advantage on the small beach area lots. Mr. Curtis stated that there is still the same amount of water to get rid of, although it produces a cleaner effluent. He indicated that they require a pump or aerator
that requires some attention and will have to be followed up by the WPCA. Mr. Curtis stated that in Massachusetts they ran into trouble when the homeowners were allowed to maintain their own systems without Town oversight.
Chairman Risom stated that there are some large parcels near the beach area that might be possible leach fields for a community system. He questioned whether alternate systems could be sized for multiple homes. Mr. Curtis indicated that they could be. He explained that many homes can share one large leach field. Mr. Curtis stated that large systems need very good soil conditions; sandy soil and a deep water table are two very important things.
Mr. Tolchinsky stated that Old Colony Beach Association and Old Lyme Shores would like to have a study done to determine the best route to take. He noted that they are trying to avoid sewers. Mr. Curtis stated that the first thing to do is to look at all the lots and see which can be handled on site. He indicated that then they need to determine how many need to be part of a community system and how large the parcel would need to be to handle all the homes. He indicated that large systems usually have a treatment plant, which has large costs for both construction and maintenance.
Mr. Curtis stated that operation and maintenance for a small treatment plant is expensive for a small number of homes. He noted that the costs are fairly fixed, regardless of the number of homes so the more homes, the lower cost to each home.
Mr. Curtis stated that Old Lyme is unique because of the beach areas being municipalities and being able to form their own WPCAs. Chairman Risom questioned whether they need to declare the area an Area of Special Concern. Mr. Curtis stated that using alternative technologies on individual lots will require establishment of a waste water management district/waste water management plan. He noted that this has to be done through the WPCA.
Mr. Tolchinsky stated 65 percent of the homes in the beach area can have an on-site solutions. He noted that the other 35 percent may need to use alternate technologies. Mr. Curtis suggested a meeting be held with the DEP, the Old Lyme WPCA and the Beach Communities that are exploring their options. He noted that this meeting would be in everyone's best interest.
Mr. Curtis stated that only two of the beach areas are doing their own studies. He stated that once a flow figure is established, the Town could help the communities find a suitable location for leaching. Mr. Curtis stated that they also have to think about wells, whether they will be eliminating some of those wells and whether CT water is available.
Chairman Risom asked Attorney Ochsner to address whether it is possible to prohibit the export of water from the Town of Old Lyme. Attorney Ochsner indicated that it is possible but enforcement would be difficult. Mr. Curtis suggested an aquifer protection type regulation in order to minimize the export of water.
Mr. James asked Mr. Curtis whether they are spraying gray water anywhere in CT. Mr. Curtis replied that it is done at the golf course at Foxwoods; he noted that the gray water is highly treated, but it is allowed by the State Health Department.
Chairman Risom stated that code compliant systems on many of these lots will require that wells be abandoned. He stated that this could be a strain on Connecticut Water. Ms. Grogan stated that not all the roads currently have public water.
Chairman Risom thank Mr. Curtis for his time this evening and stated that they may be asking him back in January or February for further discussion and direction.
Enforcement
Attorney Ochsner stated that the plan was to start the enforcement process until after the ordinance was passed. He noted that it now appears that they will move forward under the old ordinance. Attorney Ochsner stated that he needs the names of the violators so that he can begin the enforcement process. He noted that there are approximately 20 that have never pumped. He stated that he would like to sit down with the staff and get all the information that they have on each of these properties and then begin the process.
Mr. Breunig stated that they are having some difficulty getting the correct addresses; many times the taxes are being paid by mortgage companies.
Attorney Ochsner stated that another issues is 5 year versus 7 year. He noted that the ordinance they are working under says 7 years, even though the Regulations were changed to 5 years. He noted that he needs to look into when they can, through their Ordinance process, enforce the State Health Code. Chairman Risom stated that the Board of Selectmen has indicated that they would entertain a Town Meeting to amend the Ordinance to require pump outs every 5 years to every 7 years.
Chairman Risom stated that he has directed Marilyn Swaney to continue to send out the first letter to non-pumpers, the one that reminds them that they have not pumped. Attorney Ochsner explained also that the other issue is that the Ordinance requires that the second letter be delivered by a Marshal, not by certified mail.
Mr. Rose stated that there are some homes that have small tanks and they should be pumped every two to three years. He noted that other homeowners with large tanks don't need to pump every five years.
Mr. James questioned whether Area of Special Concern should probably be addressed in the new Ordinance. Chairman Risom stated that there is no new ordinance at this time. Mr. Curtis stated that an Area of Special Concern is a medium density area that the Town may want to keep a close eye on. He noted there is a difference between that and a Waste Water Management District. Attorney Ochsner stated that he is not sure but would look into it for the Commission. Mr. Curtis stated that typically an Area of Special Concern would be so delegated so that the State or someone else would be aware of the land sensitivity and the additional testing required.
Attorney Ochsner stated that he would get together with Mr. Breunig and Ms. Swaney to get the enforcement process moving. Chairman Risom indicated that he would attend if his schedule allowed.
Chairman Risom stated that the WPCA may move to testing once a year in the Aug. to October time frame. He indicated that he is not sure how much trend analysis they are doing anyway.
Budget
No report.
Education
Chairman Risom stated that Mr. Roberts wrote a great letter. Chairman Risom stated that he had to edit out two lines.
Sanitarian’s Report
Mr. Rose distributed his monthly report.
The Commission discussed a Special Meeting for the purpose of electing officers. Chairman Risom stated that he would be in contact with Commission members in this regard.
Approval of Minutes
No action taken.
New Business
None
The meeting adjourned at 9:25 p.m. on a motion by Roger Breunig; seconded by Dimitry Tolchinsky and voted unanimously.
Respectfully Submitted,
Susan J. Bartlett
Recording Secretary
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