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WPCA Minutes (unapproved) 05/19/2011
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OLD LYME WATER POLLUTION CONTROL AUTHORITY COMMISSION

UNAPPROVED REGULAR MEETING MINUTES

   Held on:  Thursday, May 19, 2011, 7:30 pm

Held at:  Second floor Conference Room
Memorial Town Hall
52 Lyme Street, Old Lyme, CT

Meeting convened at 7:30 p.m. by Chairman Tolchinski.

Those present and voting were the following members:
Dimitri Tolchinski, Chairman
Luisa Grogan, regular member
Aimee Eberly, regular member
Mervin Roberts regular member
Daniel McFadden, alternate member

Also present:
Bryan Curtis, WPCA Engineer
Narcy Dubicki, WPCA Attorney
Myron Kavalgian, WPCA Clerk

Absent:
Keith Czarnecki, Vice Chairman
George James, regular member, excused
Roger Breunig, regular member, excused
Angus McDonald, alternate member, excused

Agenda Items:

1.  Chairman Tolchinski called the meeting to order at 7:50 pm.  He announced Daniel McFadden as a voting member for that meeting.


  • Approval of minutes of the April 21, 2011 meeting.  Luisa Grogan had questions and cited errors, which were corrected.  The motion was made that the minutes be accepted with corrections.  Mervin Roberts seconded the motion.
     The minutes were approved with corrections by unanimous vote, 5-0-0.


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  • Designated areas – spoke of Rogers Lake area
  • Chairman’s Report – was read aloud by the Clerk as written.
On May 2, 2011 George James an active and respected member of WPCA and past Chairman of WPCA for many years, informed me that he came across an engineering report conducted for the Town of Old Lyme in August of 1987 by the environmental engineering firm Malcolm Pirnie, Inc.  This report called “Waste Water Facilities Plan Supplemental Studies” could be beneficial and interesting to the Old Lyme WPCA Commission since it supports the WPCA’s position that the Town should build a community septic system.

The very next day I obtained an original copy of the report from Marilyn Swaney.  Reading the report, I discovered that the town received it on September 14, 1987 (almost 24 years ago!) and that the study findings apply to us today as they did then.  The only change in the circumstances since 1987 is that 420 houses on Point O’ Woods are now hooked up to the sewer, and while the developer has used up the big chunk of the 64 acres of land available at the time, about 20 acres are currently still available.

The report includes a map called “Town of Old Lyme Community Wastewater Disposal System, OL-4 Point O’ Woods” which shows all the beaches between Point O’ Woods in the east and Hawk’s Nest Beach in the west and 64 acre site as a disposal area located next to the beaches.  The “Cost-effectiveness Analysis” part of the report included a land acquisition of $228,000 at the time.

The availability of community wastewater disposal sites for Roger’s Lake, white Sands Beach and other areas are also reviewed.  George James and Mervin Roberts tried to make some changes but the Town did not support them.

Here we are 24 years later, with the sewer at Point O’ Woods and with the Shore Beach area studying the possibility of improving their septic system situation to be in compliance with the State Health Department and DEP’s requirements.  We need to be prepared and ready to offer community septic system plan before they might choose to go with the sewer.

The pollution abatement order is 24 years old.  A lot has changed in the DEP’s approach to pollution and protection of the sound and water resources.  If WPCA continues to stay passive, the DEP could at any time mandate a sewer as they did in Old Saybrook.




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Let’s get organized while we still can.  Together and only together we can make the necessary changes and still retain the sewer avoidance policy of Old Lyme.

Dimitri Tolchinski, Chairman


A letter from George James was read aloud by the Clerk as written.

From: George James
To:  Chairman WPCA

Subject:  Malcolm Pirnie Engineering Report (final)

Date: May 3, 2011

Malcolm Pirnie was the engineer who provided the DEP with an engineering report on Old Lyme in 1983-85.  In it he identified Point O’ woods and Rogers Lake as prime areas in Old Lyme that could be subject to a structural system.  He identified the fields now part of the Beach Farms development as a location for the subsurface discharge area for treated septage [sic] from Point O’ Woods.  Over 20 acres of fields in this area are still vacant.

He discussed alternatives for the other beach communities, especially noting community septic solutions, including the field to the west of the White Sand Beach community.  He noted possible community septic solutions for Rogers Lake.  Because the DEP accepted this report as the basis of their abatement order, the Old Lyme WPCA may reasonably utilize his specific recommendations for community systems in the area of the beaches and Rogers Lake.  Land suitable to accommodate community systems is still available (it is still undeveloped) in the vicinity of the beaches and Rogers Lake.

The DEP accepted the Pirnie Report and based their 1983 and 1996 decisions to cite Old Lyme with a pollution abatement order on the statements in this report.  The Old Lyme WPCA followed several of Pirnie’s recommendations when t implemented the town’s sewer avoidance program.  It would also seem reasonable to try and implement some of his recommendations regarding community systems since the DEP recognizes him as their chosen authority.  Doing so could head off DEP and beach community efforts to construct sewer systems.





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  • Brian Curtis – engineering report
Mr. Curtis commented on the Pirnie report and stated that Pirnie didn’t test land parcels and didn’t address the problem of nitrogen.  He reviewed the information given to us at the last meeting James Dunlap, J & R Sales & Service, Inc., who represents company selling alternative treatment units explaining the unit function, cost, installation and maintenance.  Chairman Tolchinski asked Mr. Curtis to report on the town owned lot to use an average for such parcels.  Dan McFadden asked how does the state of Connecticut view these systems? He related that the company had installed 1,800 of these units in Massachusetts and the town of Old Saybrook is limiting the choice of these units by specifying which units can be chosen, addressing the concerns to function and maintenance. Mr. Curtis concluded that we wait and see what happens in Old Saybrook first.
Luisa Grogen asked where the 30,000 sq.ft. minimum property lot size comes from?
Bryan Curtis answered that 30,000 sq.ft. (0.167 acre per one bedroom) minimum property lot size was recommended by Department Of Public Health State Of Connecticut by mailing DEH Circular Letter 2000-01 to local Health Departments in January of 2000.

  • Septic Tank Pump-out enforcement – Narcy Dubicki, WPCA attorney
Mr. Dubicki had read the regulations and found the ordinance for a pump-out every 5 years is invalid because of the way it was approved.  There is no state regulation for a 5-year pump-out and the 7 years is acceptable.  He suggested we delete the 5 years regulation.  Chairman Tolchinski stated that Marilyn Swaney already knew that the 5-year stipulation was unworkable.  Chairman Tolchinski asked her to return back to 7 years pump-out.
Mervin Roberts made a motion that Attorney Dubicki be authorized to make a revision of the ordinance.  Aimee Eberly seconded the motion.

MOTION WAS PASSED UNANIMOUSLY, 5-0-0


  • Preparing New Regulations
No action taken.




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  • Committee Reports
Education – no report

Budget – Luisa Grogan, Treasurer stated the following:

Expenses total $18,183.50

Balance on hand  $6,429.50

Chairman Tolchinski showed the recent town budget just approved and the budget for WPCA will be reduced by $4,300 to $24, 613 in fiscal 2011-2012.  It had been $28,990.

  • Sanitarian’s Report
There was no Sanitarian’s report

  • Any Old or New Business
Old Business – Chairman Tolchinski asked about the mailing of the two letters from Mervin Roberts and Chairman Tolchinski.  Dan McFadden stated that he liked the Roberts letter but felt that the Chairman’s letter could have a softer approach, less confrontational approach.  It was suggested that the letters be published in the town newsletter.  It was suggested that it had poor readership and there was no guarantee that the letters would be printed in their entirety. Daniel McFadden volunteered to create a letter he thought would be more appropriate which could be signed by all WPCA members.

Mervin Roberts states as an old business issue that the Connecticut DEP and Connecticut Health Department are usually at odds with each other and it is difficult to satisfy both at the same time and the ramifications of this situation.
Mervin Roberts made a motion to adjourn the meeting.
Luisa Grogan seconded the motion.

THE MEETING WAS ADJOURNED AT 9:52P.M. BY UNANIMOUS VOTE 5-0-0


Respectfully submitted
Myron Kavalgian
WPCA Clerk