Water Pollution Control Authority
April 8, 2014
Present: WPCA members Rich Prendergast, Rob McCarthy, Dimitri Tolchinski, Kurt Zemba, Donna Bednar, Ernest Lorda, Frank Chan, Tom Risom, Doug Wilkinson; First Selectwoman Bonnie Reemsnyder; Sanitarian Sonia Marino
Absent: alternate Andrea Lombard
Five residents were in the audience, including Selectwoman Mary Jo Nosal
Call to Order
Chairman Kurt Zemba called the meeting to order at 7:31pm.
Approval of the Minutes – February 11, 2014
A motion to approve the minutes as written was made by Tom Risom, seconded by Frank Chan. Motion passed.
Post Project Report Status Update
Carlos Esquerra from the DEEP has informed Bonnie and Kurt that the DEEP’s review of the project is continuing. Woodard and Curran, while unsure of the reason for the delay, have indicated that the delay is not unusual. Rob McCarthy pointed out that additional testing, if required by the DEEP, should be done now. Further delays by the DEEP could set the project back by a year or more.
Kurt and Bonnie will meet this week with Denise Ruzicka and Oswald Inglese from the DEEP to get specifics on the Town’s standing. They will voice their expectation that the DEEP provide funding support for any requests that are outside of the project scope. First Selectwoman Reemsnyder expressed frustration with the delays and her hope that the meeting would resolve any issues.
Kurt believes the DEEP will be asking for surface dispersal into the Connecticut River.
WPCA members concurred that keeping water in the Town was a major motivation for the project and that surface dispersal to the River, which would effectively establish the Town’s facility as “a small New London,” would make no sense.
Chairman’s Report –
Budget Update
Kurt reviewed the budget document that was approved by the Board of Finance in March.
He asked for motions to encumber additional funding for Woodard and Curran and for an additional mailing, if needed.
A motion was made by Ernest Lorda, seconded by Donna Bednar to encumber $10,000, including a $7,000 retainer, for Woodard & Curran to conduct post-study testing if requested by the DEEP. The motion was amended to also include approval of $2015 for the printing of an additional mailing if needed. Motion passed.
Members noted that additional testing could cost as much as $100,000, and concurred that they may reconsider their position on a local wastewater option should the DEEP require extensive, i.e. costly, additional testing.
Kurt requested a motion to disburse $7,000 to Woodard and Curran as a sign of good faith for
additional consultation and services. A motion was made by Tom Risom, seconded by Doug Wilkinson, to authorize Kurt to disburse the funds. Motion passed.
Attorney Review of Ordinance and By Laws
Attorney Lord’s review of the WPCA Ordinance and Bylaws will take place in the next fiscal year.
Kurt reported that Attorney Lord received a call from an attorney representing White Sand Beach, stating that that Association wanted to “opt out” of the Town’s wastewater project.
At Kurt’s direction, Attorney Lord clarified that it is the DEEP, not the Town, taking action with regard to wastewater. WSB would be seeking to “opt out” from a State order and would need to deal directly with the DEEP.
WPCA members expressed concern that WSB had contacted Attorney Lord directly. Approved budgets do not include funding for members of the public to contact contracted consultants and advisors. The appropriate procedure is to direct all questions to the WPCA. If clarification is needed, the WPCA may decide to contact its attorney or other consultants.
Stormwater Discussion
Stormwater is a new item in the WPCA budget.
Brian Curtis of Nathan L. Jacobson reviewed the Town’s responsibilities for municipal stormwater permitting from the DEEP. (attached)
Anchor Engineering works on the Town’s Industrial Stormwater Permit, covering the Public Works Garage and Transfer Station, which is current.
The Town is not current on its general MS4 Permit, which covers municipal storm sewer outfall discharge points.
Sanitarian Sonia Marino has contacted Chris Doane of the DEEP, who has agreed the Town can submit an inclusive report that will bring the Town current with MS4.
Kurt asked that Brian Curtis provide a proposal for handling the MS4 Permit. Sonia will contact Ted Crosby, a community volunteer who did some early work with Stormwater, to ask if he has any additional information on the Town’s history with MS4.
Sanitarian’s Report (attached)
Sonia Marino distributed the March 2014 Report and reviewed pumping compliance stats, which show that Old Lyme has a high compliance rate. Out of 5,168 septic systems, only 648 were not compliant as of end-December 2013. Extrapolating the data was time-consuming, and Sonia would like her department to have a better grasp on how to use our pump-out software.
Tom Risom asked if the WPCA should consider budgeting for Carmody, the pump out tracking software system used by other shoreline communities. Rich Prendergast suggested evaluating the advantages as well as the short and long term costs of both Carmody and the current system.
The software in use in Old Lyme was installed by former WPCA member Mike Dickey.
Kurt said he will contact Mike and ask about the software: should it be updated; can Mike provide instruction on how to access the data, etc. There is funding available in the Consulting budget line, if needed.
Old Business
Notification Process for Pump Outs Update
Sonia distributed samples of pump-out letters and notices sent by other communities. Members agreed that notices need to be consistent and informative.
New Business
Update on Meeting Regarding Pump out Possibilities
Rich Prendergast, Dimitri Tolchinski, and Tom Risom have been exploring possible new procedures to encourage septic pumping compliance from residents. Rich distributed a draft proposal in which the Town would negotiate a contract with a septic hauler and manage the pump outs on behalf of the residents.
Residents could pay in installments that would be applied to their pump out fees, which would occur every 5 to 7 years.
Questions remain about how to handle cesspools, how to improve our data collection system, and the legal aspects of gaining access to private property. The committee will continue to discuss the proposal.
Kurt said the WPCA Attorney can review the issues if the WPCA decides to proceed.
Correspondence
Kurt received a letter from Steve Ross (attached) on behalf of the neighborhood which includes Dogwood, Beechwood, Cypress, and Sandalwood. The letter expressed concern about the risk of sub-surface contamination from the proposed wastewater treatment facility, and requested that the WPCA schedule neighborhood well testing prior to commencing operation of a wastewater treatment facility and at an agreed upon schedule thereafter.
Members agreed that well contamination in the neighborhood was much more likely from on-site septic systems than from a treatment facility. Regardless, consideration of the request would be premature because the direction of the project has not yet been determined. Kurt will reply on behalf of the WPCA.
Consideration of the request was tabled.
Public Comment
Steve Dix asked if there would be any legal obstacles to reconsidering a local alternative: Does the Town would have any legal obligation to pursue costly additional testings if requested by the DEEP? He also asked if the Town might face any legal liability if beach associations connect to the New London facility and are subsequently charged additional fees/assessments due to capital costs associated with the New London system.
First Selectwoman Reemsnyder responded that the Town has no legal obligation to pursue an alternative treatment plan. The potential for additional assessments associated with the New London facility is one of the reasons the Town pursued an alternative wastewater disposal method. The assessments would be the responsibility of the system users, not the Town.
Kurt reiterated that the Town and WPCA have taken no action to obstruct the beach associations’ pursuit of a wastewater plan. The Town’s sole intent has been to help the associations by seeking a less costly alternative to the New London connection.
Selectwoman Mary Jo Nosal commended WPCA members for their determination that direct dispersal into the Connecticut River not become an option for the community.
Adjournment
A motion was made by Doug Wilkinson, seconded by Tom Risom, to adjourn at 9:15pm.
Catherine Frank
4/9/14
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