OLD LYME WATER POLLUTION CONTROL AUTORITY COMMISSION
UNAPPROVED REGULAR MEETING
Thursday July 21, 2011, 7:30pm
Second Floor Conference Room
Memorial Town Hall
52 Lyme St., Old Lyme, CT 06371
AGENDA ITEMS
- Call to Order. Chairman Tolchinski called the meeting to order at 7:35pm. Guests included Old Lyme residents: Joan Byer, Marsha & Peter Camp, Sandy Garvin, Germaine & Robert Halpin, Ann Holles, Anita Kaplowitz, James McClave, John & Susan Peters, Dominick Scarfo and Peter Zallinger.
Those present and voting members were: D. Tolchinski Chairman and Members- R. Breunig, K. Czarnecki Vice-chairman, G.James and L. Grogan. Alternate members present – D. McFadden and D. Redfield.
Absent – Regular Members excused A. Eberly and M. Roberts.
Also present – B. Curtis WPCA Engineer, N. Dubicki WPCA Attorney, R. Rose Sanitarian and Myron Kavalgian Clerk.
- Approval of June 16, 2011 meeting minutes.
A motion to approve the minutes was mad by G. James, seconded by K. Czarnecki and approved by unanimous vote 5-0-0.
WCPA Chairman Report
July 21, 2011
The WPCA of Old Lyme has been working on providing a solution to improve existing noncompliant septic systems for properties on lots of 10,000 sq. ft. or less.
The State Health Department recommends a lot of no less than 30,000 sq. ft. for a single-family 3 to 4-bedroom house with a septic system. Also, there are stricter requirements now than some years ago regarding ground water protection.
There are more than 1,400 residential and commercial properties in our town on lots of less than 10,000 sq. ft. There are some properties that have less than 15% of required lot space. Some of these properties have up to 7 bedrooms on a lot of 0.07 ac. (3,150 sq. ft.), which is way too little land for a properly functional septic system.
The town Health Department has been approving whatever system can be squeezed into the lot regardless of its adequacy. The WPCA is trying to move in the direction of having a Community Septic System that will help the owners of properties with lots too small to support a conventional septic system. With this goal in mind, we should not recommend installing any new system that is too small or too inadequate to be compliant with the State Health Code and WPCA regulations. Enabling further noncompliance will not solve any problems for the homeowners, but will only create more expense for them when they end up having to connect to a Community Septic System later on.
Instead of allowing homeowners to install inadequate noncompliant septic systems (which will cost them $15,000-$20,000), these properties can be temporarily served by holding tanks, or, when possible, by small-scale Community Septic Systems of two to four houses.
To find the best solution for such properties, the town Health Department should work with the WPCA and communicate about the issues on a case-by-case basis. I don’t think we serve the needs of our residents by allowing them to waste money on unsatisfactory systems.
It is time now to stop slapping Band-Aids on problems and to start finding real solutions. As of now, water pollution caused by our existing out-dated and inadequate systems may not be clearly visible, but as the State DEEP and the beach communities continue to study the environmental impact of our waste water, we may soon find ourselves under a state mandate to install a sewer. To prevent being forced into a solution chosen by the State, we need to work to find our own solution now. I believe a Community Septic System is the way we need to go.
Dimitri Tolchinski
Chairman, WPCA of Old Lyme, CT
Chairman Tolchinski discussed the Chairman’s Report. NO VOTE WAS TAKEN
- Engineering Report – B. Curtis
The Chairman pointed out the town map of the specific areas under discussion.
He introduced Brian Curtis, WPCA Engineer to the guests explaining his credentials and referenced his company as a leader in this field and hired by other shore communities. The Chairman explained that we have no pollution visible now but want to avoid a state sewer mandate as experienced by the other towns.
The Chairman stated that The Town Of Clinton is under State mandate and the DEEP is in total control and whatever the town wants to do has to be approved by DEEP.
Where the Town of Old Lyme has many acres of land available for community septic systems, Clinton has almost none.
Our goal is to come up with a septic system solution, which can prevent DEEP from issuing a sewer mandate, which will cost town resident’s untold dollars. WPCA has sent a letter to town residents and we are planning a town meeting to explain further.
If this is not the way the town wants to go, we need to hear from town property owners what they want to do to prevent State Order? Chairman said.
Than Chairman passed the floor to Brian Curtis-WPCA Engineer.
Brian explained that the provided map of Old Lyme shows the possible favorable areas of the best sand and gravel soils. We need to focus on these areas and test sub-surface wastewater capacity according to DEEP criteria. We would also need to investigate other parcels not considered and those privately owned.
There were questions from guests. Sandy Garvin asked, “What parcels of the 11 questionable are appropriate for septic systems? Chairman Tolchinski answered that we would know once tests are accomplished. Susan Peters asked, “Does Old Saybrook have pollution that the DEEP put an order on them? Brian Curtis answered that the DEEP had sufficient concerns to order the sewers. He didn't’t have the details. Chairman Tolchinski told her that the DEEP and the State Health Department had different standards but septic system should stay 18 inches above the water table. The state health department wants at least 8,000 sq. ft. for each bedroom to be in compliance.
Joan Byer asked, “How many towns have a community septic system?” Brian Curtis didn't’t have the specific number but said there were a number of public and privately owned systems. These are multiple dwelling or condos that are in a system and there are several around the state. Roger Breunig asked, “In an ideal case how many square feet is necessary?” Brian Curtis said 40,000 sq. ft. for 160 homes is ideal. He asked further “what’s the time line involved?” Brian said it’s a matter of months.
James McClave asked, ”Are there any test wells in Old Lyme?” Brian said there were quite a few in the shore area and Rogers Lake area for testing ground water quality and has been operating for quite a few years.
Peter Camp asked “in addition to what lands can support a community septic system, are you going to support current septic systems?” Brian said that looking at the areas of concern that there may be sufficient land to support a system. Chairman Tolchinski spoke of a list of properties obtained from the Assessors Office of over 1,400 homes with insufficient land. Some properties have 11 bedrooms on a 4,000 sq. ft. lot. There is a lot of 4,000 sq. ft. with 4 bedrooms. There are properties with adequate land but have as many as 5 buildings on the lot. This will be our working list. We have members of the commission including myself who are on the list. If we are going to succeed we need to work this out or we will have a mandated sewer system and water will go to be treated and released
into rivers and Long Island Sound and the whole town will have to pay. From an engineering standpoint, community septic systems are the best solution. Once created they can last for hundreds of years.
Joan Byer asked if the Assessors Office document is available, Chairman Tolchinski said it is a public document and is available and it is a 32-page document.
Peter Camp asked “will you evaluate every septic system if it is appropriate for the land and more specifically if my neighbor is in compliance and not polluting my well”. Chairman Tolchinski said we would need to see if there is enough land, the state of your system and how high is the ground water table on your property. Susan Peters asked, “How much will this cost?” The Chairman said we do not know how much this will cost. But if your septic system were in compliance you would be left alone. James McClave asked about Button Ball Road aquifer in case those 107 acres will be utilized.
Chairman Tolchinski stated that it would be small part of this land used if this will happened.
Susan Peters asked, “What does a pre-treatment facility consist of?” Brian Curtis said it is basically a wastewater treatment system using biological method to reduce the organic content of the water. The size of the plant depends on the number of homes served. Other options are available such as pumping the water to a community septic system, etc. The building behind the Old Lyme Town Middle School is a water treatment plant.
NO VOTE WAS TAKEN
- Septic pump out enforcement – Attorney N. Dubicki
Chairman Tolchinski stated that there is an ordinance that the pump out was to be every 5 years, however it was never approved by the Town Meeting. Attorney Dubicki said we need to rescind the motion from 2004 and reaffirm the prior requirement of pumping every 7 years. He passed out the ordinances copies and the changes/deletions needed to be made to make the ordinances consistent.
Attorney Dubicki prepared a Motion [sic] “to rescind the motion passed by the WPCA at its meeting held April 15, 2004 which provided that a septic system be pumped “not less than every five (5) year period” and reaffirming that prior requirement that a septic system be pumped “not less than once in every seven (7) year period” as previously required in the ordinance approved by the Town Meeting held on May 19,1997. For implementation of said Motion it is further moved that the WPCA Regulations and Bylaws be updated and changed as necessary to reflect said change.”
Attorney Dubicki explained the confusion about the time frame of pumping out and suggested a motion to correct this. The motion was made by L. Grogan reading Attorney Dubicki’s motion. It was seconded by R. Breunig.
Roger Breunig commented that 5-year pump out plan allowed us to gather data so it might be possible to move to the site-specific regulation.
VOTE TAKEN 4-1-0 AND MOTION PASSED. K. Czarnecki VOTED NO.
- Preparing New Regulations. NO VOTE WAS TAKEN
.
There was no Education Report.
Budget Report – L. Grogan, Treasurer stated there was $11.12 left over from $24,615 2010-2011 the previous budget.
NO VOTE WAS TAKEN
June 2011 pump out figures totaled 81,350 gallons. The year-to-date pump out is 1,235,700 gallons. The comparison of June 2010 (117,100 gallons) and June 2011 (81,350) is a difference of 35,750 gallons (less).
Ron Rose stated that he disagrees with Chairman Tolchinski and that the State is staying away from us because most of the small lots are seasonal and if we spent more time using our political influence in the State House and think about using alternate technologies that are available. The seasonal homes only 6 have requested an all-year. It’s up to the beach communities to determine what they want to. Alternate technologies are in place in Massachusetts, New Hampshire and Vermont but the DEP doesn't’t want them in Connecticut. There is a German system that works but is expensive but no more expensive that a water treatment plant. We can’t jump to the conclusion that this is the only way and we need to look at other solutions.
Chairman Tolchinski responded to Ron Rose, Town Sanitarian Report: “ Yes, Ron Rose disagrees with me. Let me make my point. 28 Hartford Ave. lost one building, 5 bedrooms house to the fire. The second house has 2 bedrooms. The lot size of this property is very small, 35 feet wide and 95 feet long, only 3,325 sq. ft. (0.07ac.). The footprint of 2 buildings is 1,200 sq. ft. There is only 2,125sq. ft. of open land, including one 9 feet wide strip of land on one side and 6 feet on other side. The rest of land between the 2 buildings, size wise is good for a picnic table only. These 2 houses have total of 7 bedrooms were connected to one septic tank. There is no possible to have the septic system even for one bedroom. I asked Ron Rose what septic system will be on this property after 5
bedrooms front house will be rebuild. Ron Rose told me that he has the right to approve under repair permit whatever septic system can be put on the land up to the property line, because this is a seasonal house, not year round. I objected that because the new system will be in violation with the state code in many ways. The new system cannot serve even seasonal property, because by the Town Zoning definition seasonal property can be used nine and a half month in the year, which is 80% of the year. Where does it say, that seasonal property can be given right to be that small and in danger to pollute the ground? Why should the homeowner spend so many thousands of dollars on the bad septic system and continue to be noncompliant? Why can’t we allow him to have a temporary holding tank while we are working on the solution to his problems? The new system he will spend money for will not last long. If we will not offer a COMMUNITY SEPTIC SYSTEM, than very soon the State will
order Town to have a sewer anyway.
Ron Rose has always talking that we have to use alternate systems witch we do not have any to offer, and lots like this might never have affordable, dependable, suitable septic system, that will be approved by the Connecticut State DEEP.
NO VOTE WAS TAKEN
Roger Breunig left the meeting and Chairman D. Tolchinski made alternate D. McFadden a voting member for this meeting.
Chairman D. Tolchinski prepared a draft: (It was read aloud by Clerk M. Kovalgian.)
“SOLUTION PLAN TO PREVENT WATER POLLUTION IN TOWN OF OLD LYME”
The Town of Old Lyme WPCA has been exploring the feasibility of a Community Septic System for septic systems in noncompliant with the State of Connecticut’s Wastewater Regulations.
“THE BEACHES” and “ROGER LAKE AREA” has been determined as a “DESIGNATED AREA” for this project.
Many lots in these areas are too small to support a Code Compliant septic system and have a high underground water table.
There are more than 1,400 residential and commercial properties in the town on lots of less than 10,000 sq. ft. There are some properties in Old Lyme have less than 15% of required lot space.
Some of these properties have up to 7 bedrooms on the lots of 0.07 ac. (3,150 sq. ft.),
Which is too little land to support properly functional septic system.
Many septic system and cesspools are very old and might be in violation having less than the required 18 in. of vertical separation from the highest ground water table.
To make an improvement to this situation, providing “Community Septic Systems” for these properties should help.
The Old Lyme WPCA Plan is:
1.Make mailing to the Town Of Old Lyme Residents to explain the need to support WPCA
ACTIONS. (Done.)
2.WPCA makes “PRESENTATION TO THE TOWN RESIDENTS AND HOMEOWNERS”
in August 2011 explaining the Community Septic System Approach.
- WPCA Presentation Place – Middle School
- Speakers – Brian Curtis, Aimee Eberly and other volunteer members of WPCA.
c) We have to be prepared for questions to be asked by the audience. For that reason WPCA should have a meeting with Land Use Commissions, Board Of Finance and Board of Selectman before August. That meeting will eliminate many questions and hopefully get us more support.
3. We have to find the land to be used for Community Septic System.
Most likely the first parcel of land will be tested is Buttonball Road 107 ac.- Open Space.
Brian Curtis can help us to find out how many acres of this land are needed.
4. When we know if that land is good for a Community Septic System, we can start preparation for the Town Meeting in September – October to approve use of this land. At the same time we will try to find more potential land for the beaches and for Roger Lake.
5. When we have land to be used for a Community Septic System, we will get the State Health Department and the State DEEP to OK it and we will offer this to the Communities for use.
6.The Town of Old Lyme will be involved in the process to prepare everything needed up to the point of building the facilities, but the main cost of the project should be paid for by beneficiaries, that is, the homeowners of the properties using the system. The Town is prepared to assist these homeowners to find the best and most economical solution. State regulations and State funding, new technology and assistance from the Town should help to mitigate the cost of improvements.
A motion was made by George James to accept the draft as a guide as the next step of WPCA program.
D. McFadden seconded it. THE MOTION PASSED 3-2-0.
K. Czarnecki and L. Grogan VOTED NO.
Question was asked to the Chairman if they’re other ways to solve this problem with the alternate septic systems as was presented by Ron Rose. The Chairman and Brian Curtis stated that the alternate septic systems are not approved in the State of Connecticut and Ron Rose; the town Sanitarian does not have the tools to allow them yet.
Ron Rose wants the Town to influence the State Law Makers to have DEEP to approve it. The Chairman said that he went to Rhode Island for a tour, where he was introduced to this new technology. These systems were very complex and very costly. Most of them had very sensitive components and were failing too often.
There is a good reason why State of Connecticut has not approved them yet. Most of these systems have electrical components, which will not work in case of the power outages. But DEEP in Connecticut State will approve Community Septic System, because this is the best solution in our situation. And also because of the high ground water table in the beaches and Rogers Lake areas and, because of the lots too small, there is very difficult to install any proper septic system.
Joan Byer, a Member of Old Colony Beach Association WPCA Study Committee commented, where she said: “ I received WPCA report and Mervin Roberts letter, and I find a letter especially insulting, condescending and down right incorrect. He is making insertions that he cannot support. We are not getting rich on the beach area renting our properties. We just try to pay our exorbitant town taxes. We get almost no services, except garbage removal. We can’t have washer machines, disposals, and hot tubs. You’ve been avoiding this problem for many, many years. We’ve been telling you that they were polluting and you were not doing anything about it. We can’t do anything about the Sheffield Brook. You couldn't’t even help us pay with the study that we decided to do. Just our Beach Association alone
could not determent how big the problem is. We have no clue how big the problem is. Now that many of us are coming with our own solution, we don’t know what it is. Whether it will be Community Systems, Sewer, do nothing, whatever. Now you are getting involved. You still succumbing to the mistake that all of us will move down round there if we have year round use. I am here to tell you to BUTT OUT. WE DON’T NEED YOU, WE DON’T WANT YOU. The problem is the Beach area and the Rogers Lake and we can do it ourselves. Just drop this half-baked idea “Community Septic System”. We may come up with that. That may be one of our options. So the rest of the town would not have to worry about it and certainly shouldn't’t pay for it”.
Chairman Tolchinski responded: “ I was very amazed to hear that, but whatever you said Joan, you said. I think there is misunderstanding between WPCA, my self and you Joan. We are working hart on Community Systems to make it happened. If the Beaches are doing their Study, I think we should have a common interest in it. We live in the same town. I do not separate Beaches from the Town. The Beaches are The Part Of The Town. The time will show who was right and who was wrong.
If somebody like you Joan, whom I respect very much, I know you very well, can say that, I am speechless. It is like we are doing something against the beaches.
Well, I guess everyone has right to his own opinion. It is easy to criticize somebody who has been trying to do something new. But I am not taking this personally.
I am taking this as misunderstanding between us. What you said Joan does not apply to us. We are here at WPCA Commission all volunteers, we are here to help, and if you do not see that we are doing good for the town, especially for the beaches, than I cannot explain to you any more. WPCA goal is to help the beaches.
If we are going to be blamed like that by the beaches, than Community System project will not happened. You don’t understand that we are trying to help. You are the person, who is in the town for a long time, you are a very well respected person; you were a teacher, educated person and leader. Members of WPCA Commission and I will try to do our best to help the beaches. If our goal won’t be reached because people do not approve that, than we can say, SORRY WE TRIED.
7 Adjournment
Member G. James made a motion to adjournment. It was seconded by K. Czarnecki
THE VOTE WAS UNANIMOUS. THE MOTION PASSED
The meeting adjourned at 9:37pm.
Respectfully submitted,
Myron Kavalgian, Clerk
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