OLD LYME WATER POLLUTION CONTROL AUTHORITY COMMISSION
UNAPPROVED REGULAR MEETING MINUTES
Thursday, September 15, 2011
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 7:35 pm. Guests included Old Lyme Residents: Steve Dix, John Flower, Lynne Romano and Lucius & Adela Wilmerding.
Present were voting members: D. Tolchinski Chairman, K. Czarnecki Vice-chairman, R. Breunig,G. James, L. Grogan Secretary & Treasurer and M. Roberts. Alternate members present: D. Redfield.
Absent: Regular members excused A. Eberly and D. McFadden.
Also present: B. Curtis WPCA Engineer, N. Dubicki WPCA Attorney, R. Rose Town Sanitarian and M. Kavalgian WPCA Clerk.
- Approval of July 21, 2001 meeting minutes. R. Breunig spoke that the minutes were inaccurate and incorrect and inquired to correct them. Chairman Tolchinski stated that the minutes were a reflection of what was said, and what was said was correct. Chairman Tolchinski asked B. Curtis to verify that 30,000sq.ft.lot size for a single 3-4 bedrooms house was recommended by State Health Department.
B. Curtis said that at one of WPCA meeting this year he passed around the table to every member the memo from the State Health Department where it was said. M. Roberts made a motion to approve the minutes. D. Tolchinski seconded the motion. The vote was taken. Three members voted yes - L. Grogan, M. Roberts and D. Tolchinski.
Voting “ no “ were R. Breunig, K. Czarnecki and G. James.
The motion did not pass. K. Czarnecki and G. James questioned Chairman Tolchinski and the Chairman asked B. Curtis to clarify what was said. After B. Curtis clarification of R. Breunig objection, George James was agreeing
to approve the minutes as written. The vote was taken again on the previous motion and voting “ yes “were: L. Grogan, G. James, M. Roberts and D. Tolchinski. Voting against were R. Breunig and K. Czarnecki. The motion passed 4-2.
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Chairman Tolchinski passed to the members of WPCA a copy of E-mail he send to the Selectmen’s Office this morning as follows:
To: Tim Griswold, First Selectman
Skip Sibley, Selectman
Bonnie Reemshnyder, Town of Old Lyme, CT
From: Dimitri Tolchinski
Chairman of WPCA Commission of Old Lyme, CT
CHAIRMAN’S REPORT
I was present at the Old Colony Beach Association (OCBA) Semi-Annual Meeting, held September 10, 2011 where RFP Engineering gave a special presentation to the OCBA Water Pollution Control Authority (WPCA).
RFP Engineering and the OCBA signed a contract for $84,000 to conduct a study of the existing situation with septic systems, private wells, and ground water and lot sizes. DEEP has paid 55% of this cost and is going to provide a loan for the project.
The presentation was a preliminary report in advance of the public hearing meeting, which will be held on November 19, 2011. RFP engineering has tested the soil, recorded septic systems and lot sizes in the OBCA which are about 200 properties.
Notes from the RFP Engineering report taken by me are as follows:
- The ground water table varies from 22” to 44”( septic systems are polluting the ground water).
- 43% of the properties have cesspools
- 40% of the properties have wells.
- Average lot size is 0.12 acre or 5,200 sq. ft.
- Soil is very porous; ground water table is very high so ground water gets degraded.
- 13 sites were tested, 12 are showing very high bacteria counts in ground water.
- Many private wells were also showing high bacteria count.
- It is hypothetical to offer use of alternative septic systems because of the tiny lot size, too high ground water table and because there is no septic system suitable for these conditions. Also Connecticut State DEEP has not approved any alternative septic systems yet.
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The State DEEP, RFP Engineering and OCBA worked very closely together on the study. DEEP will approve the proposed solution recommended by RFP Engineering before the public hearing on November 19, 2011.
The preliminary recommendation is an offsite solution: either a community septic system or sewers. Most likely the final decision will be “to go sewers” unless the Town of Old Lyme has land available to offer for community septic system use.
On September 12, 2011, the Old Lyme Zoning Commission voted 4-1 to remove the term “seasonal use” from its zoning regulations. Effective September 16, 2011, the town of Old Lyme will remove all seasonal designations from the zoning regulations, which is a huge change in our town.
WPCA has an obligation to provide all the necessary criteria so properties on small lots with high water tables can make necessary septic system improvements to comply with health codes.
If the study conducted by the Old Lyme Shore and Old Colony Beach communities concludes that most of the septic systems are submerged in ground water, it will be a big problem not only for the individual homeowners but also for the Town of Old Lyme as a whole. The Town of Old Lyme will be blamed by the State for dumping sewer onto the ground water. This is an issue that nobody should ignore.
Since our town has time to solve the problem on our own without being ordered to do so by the DEEP, we should be ready to do something that will save us money, time and our reputation and most importantly will save our precious ground water from pollution.
I would greatly appreciate an opportunity to discuss with you in more detail the current situation and the need to act promptly on the matter. Please let me know if I may attend your next regular meeting and to provide you with more information and answer any questions you may have.
The WPCA really needs your leadership and support to help our Old Lyme communities with offsite community septic systems.
Dimitri Tolchinski
Than the Chairman D. Tolchinski said that in August 2010 Chairman of WPCA Tom Risom made the presentation to the beach communities of the proposed new WPCA regulations, which required getting rid of the cesspools, small septic tanks and to provide other improvement to the existing non compliance septic systems in the Town.
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The property owners asked Tom Risom if after they will comply with these new WPCA regulations, would they be in compliance with the State Health Code and with State DEP requirements? Tom Risom said “no”. Than the homeowners asked Tom Risom, will they
be protected from State Mandate to improve their septic systems once more after they would spend all the money to correct their septic as the Town would make them to do?
Tom Risom honestly said, “ I do not know”.
Than The Beach Communities objected WPCA Proposed New Regulations and went for a STUDY of their septic problems with State DEEP.
After that WPCA decision was to table it until June 2011.
No vote was taken
- Correcting Existing WPCA Regulations
Attorney Dubicki reviewed existing WPCA regulations and made corrections to eliminate any contradictory statements, regulations and changes as the Commission previously approved. He replaced 7 pages of the regulations to updated versions.
No vote was taken
- Old Lyme Land Trust Letter
Chairman Tolchinski introduced Mr. & Mrs. Lucius Wilmerding , owners of the 26 acres near the beaches.
Chairman Tolchinski spoke that WPCA needs to ask the Board of Selectmen to approve WPCA’s approach to community septic systems. Member Czarnecki said that it’s the responsibility of the homeowner to be in compliance, as he had done with his property and why can’t WPCA hold these property owners accountable to current laws already on the books? Chairman Tolchinski responded that they can’t be in compliance because of their small lots. Member Czarnecki asked further why we couldn’t do better with present regulations.
Does anyone have a problem with pollution at the beach now? We need to get people to be more compliant he said. Chairman Tolchinski responded that these properties owners couldn’t comply with the existing code requirements and if we will not help them to use Community Septic Systems, they will have State to approve the Sewers for them, why don’t we try to help them to make a better choice?
Member M.Roberts said that part of the problem is a duel definition of pollution by the State of Connecticut Health Department and the DEEP. The Health Dept. defines pollution as surface sewage and the DEEP states pollution is when water leaving the property has a high bacteria count. Guest J.Flowers asked what kind of bacteria? How is it defined? All wells have a small count of coliform bacteria.
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Chairman Tolchinski responded that the finished study would be presented to the public in October this year, and only than we will have full report of their Study. As of now we have only records of my notes I took from their report.
Member Czarnecki asked where is the DEEP regulations? Sanitarian R.Rose referred to Point of Woods and asked the question are we doing the right thing? He stated further
that the DEEP is without a budget. It has no money he said. Chairman Tolchinski stated that there is a need to get the Board of Selectmen to agree with WPCA and to have it as an item on their agenda for their next meeting.
Engineer Curtis stated that the septic systems on the small lots with high ground water table couldn’t be fixed. It is a question regarding the capacity of the land parcels. Member R. Breunig asked are there any community septic systems in operation in Connecticut? Engineer B.Curtis said yes, most of them are private with several dwellings in a development that share septic systems or a community septic system. Member Czarnecki stated that 1,400 parcels are problematic and asked how many need a fix? He said not all are polluting. How many are incapable of a fix? He said e.g., if only 400 have a problem, let’s address these and not be so alarmist about the situation.
Chairman Tolchinski said that in Old Colony Beach from 200 properties 43% or 86 have cesspools. Sanitarian Rose, Members Czarnecki and Breunig continued to ask questions
and make statements regarding the situation and Chairman Tolchinski responded that there are only two choices we have now to resolve the problem, witch are the sewer, or the community septic systems. Why don’t we try the best from these two, which is the community septic system?
If we can do it, than we can also continue use of good working septic systems, which are in compliance that many houses might have now, and do only properties that cannot have any septic systems to be in compliance.
- B. Curtis -- Engineering Report
He handed out maps of various ground water levels in the affected areas and data sheets of these areas with numbers reflecting water levels, chemical levels and various bacteria counts.
Treasurer Grogan stated a small expense so far this fiscal year and handed out copies of the 2011-2012 WPCA Budgets.
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Sanitarian R. Rose handed out a statement of August 2011 pump-outs, gallonage and revenue. The numbers were smaller than the previous year due to a change in pump-out regulations. No vote was taken.
Chairman Tolchinski introduced Mr.& Mrs.Wilmerding-the owner’s of 19 Old Shore Road, the 26-acre property at the beach, which could be used as a possible lot for a community septic system. Chairman asked them if WPCA could make a test hole on
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property. A motion was made by R. Breunig to that effect, seconded by M. Roberts and approved by all members.
Guest Steve Dix spoke about the 50 commercial properties in Old Lyme and asked has the WPCA had addressed these properties as a separate issue as their situation is different as pump-outs are almost continuous. He suggested that his company Xcelerated Integrations could provide monitoring and gave a printed handout of a property in Old Saybrook they are monitoring. Chairman Tolchinski asked about cost and told Mr. Dix WPCA would take it under advisement.
Chairman D.Tolchinski asked the Commission Members to permit him to come to Selectmen’s Meeting and to ask them to support the affords of WPCA’s desire to proceed to explore the feasibility of constructing community septic systems for the beaches.
Attorney Dubicki wrote the motion as follows:
“Motion is made that the OLWPCA make a formal request to the Board of Selectmen to indicate whether the Board of Selectmen are in favor of the WPCA’s desire to proceed to
explore the feasibility of constructing community septic systems in pursuit of the WPCA’s goal of water pollution avoidance, avoidance of State mandated municipal sewers and in furtherance of the Board of Selectmen’s interest of avoiding export of water from the Town of Old Lyme.”
The motion was made as stated by M. Roberts, seconded by Member L.Grogan and voted on. It was passed with a unanimous vote.
- Adjournment- a motion was made by the Chairman to adjourn seconded by R. Breunig and approved unanimously.
The meeting was adjourned at 10:07 pm
Respectfully submitted,
Myron Kavalgian
WPCA Clerk
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