APPROVED
OLD LYME WATER POLLUTION CONTROL AUTHORITY
SPECIAL MEETING
THURSDAY, March 27, 2008
The Old Lyme Water Pollution Control Authority met on Thursday, March 27, 2008 at 7:30 p.m. at the Church of Christ the King Parish Center. Those present and voting were Tom Risom (Chairman), George James, Mervin Roberts, Louisa Grogan (Secretary), Roger Breunig, Keith Czarnecki, Joe O’Connor, Michael Dickey and Aimee Eberly. Also present were Ron Rose, Sanitarian and Brian Curtis, Nathan Jacobson Associates.
Chairman Risom called the meeting to order at 7:31 p.m. He noted that the meeting date was changed from the previous week due to scheduling conflicts.
Chairman’s Report
Chairman Risom noted that several things have transpired in the last month. He explained that there was a meeting at the Federal Court in New Haven regarding the South Lyme lawsuit. Chairman Risom stated that the purpose of the meeting was to discuss a settlement and although there was discussion, no decision has been made. He noted that there was a gag order, yet he has heard from several beach residents who had questions.
Chairman Risom stated that Old Lyme must begin to eliminate cesspools and find a way to allow alternative technologies. He stated that a Waste Water Management District was established in Old Saybrook which appears to enable them to use alternate technologies even though DEP and DOH have failed to administer them. Chairman Risom stated that this may be an option for Old Lyme.
Chairman Risom stated that he asked Mr. Roberts to get a copy of Old Saybrook Regulations that allow the Waste Water Management District. Mr. Roberts indicated that he was not able to get a copy because there is a political problem in Old Saybrook and until it is worked out, they do not want people having copies because there will be discussion on something that has not been finalized. Mr. Roberts stated that Old Saybrook did offer to have a joint meeting at their Pavilion and asked Chairman Risom to set up this meeting.
Mr. Curtis stated that he brought copies of Regulations dealing with WWMD’s. He noted that currently this is the only way to allow homeowners to use alternate technologies. Mr. Curtis stated that approval is required from DEP, DOH, and Town Ordinance. He noted that there is a strong push in this regard by the State Health Department. Mr. Curtis explained that there appears to be one step forward and one step backward in the process of allowing alternate technologies that can be approved by the local Health Department.
Chairman Risom explained that once an area is declared an area of special concern, which is an area where you would want a higher level of control, typically high water table dense communities, then these areas are opened up to a higher level of scrutiny by the DEP, DOH and OLISP. He questioned whether a declaring an area a Waste Water Management District would have the same result. Mr. Curtis replied that it would because it is basically the same thing because you are declaring an area and acknowledging that it needs a more advanced level of on-site technology. He agreed that these areas are typically high density or have high water tables.
Mr. Curtis stated that Mary Jane Engel currently works for the Health District. He noted that when she was in Westbrook they adopted an Ordinance that requires homeowners to upgrade their systems where they might have cesspools or steel tanks. He noted that an Order is given through the Director of Health because the Director of health has the ability to adopt local regulations more stringent than the Health Code. Mr. Curtis stated that this would require an education and public relations campaign to get support for the Ordinance because it would need to be approved through Town Meeting. He indicated that he could get a copy of this Ordinance and forward it to the Commission. Mr. Curtis stated that the goal is to eliminate outdated systems.
Mr. Curtis explained that certain things would trigger the homeowner updating their systems, such as applying for a building permit. He noted that Essex is working on the same type of Ordinance. Mr. Curtis noted that Essex currently has the same program as Old Lyme where there is mandatory pumping and they would like to take it to the next level.
Mr. Curtis left the Commission with a document that explains how to establish a Waste Water Management District. He noted that because they will be allowing alternate technologies, the Regulations would have to be revised to indicate which alternate technologies would be allowed.
Mr. Rose explained that alternate technologies are allowed in Connecticut. He noted that the problem is staff funding. Mr. Curtis agreed and noted that right now the State offers a 25 percent grant for sewers and community septic systems and a 2 percent interest rate. He explained that there is no funding like this at the household level, which is something that should be investigated because he has heard that creating a WWPM might allow access to these funds.
Chairman Risom stated that Rhode Island required that homeowners replace cesspools within five years. He noted that there was funding available through the State. Mr. Risom stated that if the Town requires people to remove what they believe to be perfectly functioning systems, funding should be available. He noted that in Rhode Island there was no trigger such as a building permit; it had to be complied with within the five-year period.
Mr. Curtis stated that Old Saybrook, Deep River and Clinton are all in the CT River Valley Health District. He stated that Westbrook and Essex are not.
Chairman Risom stated that Mr. Tolchinsky just attended a seminar in Rhode Island and he is very excited about the technologies he saw there. He noted that Mr. Tolchinsky will share his ideas with the Commission at a future meeting.
Chairman Risom stated that if a WWMD was formed and it was a requirement to replace cesspools and steel tanks, would it necessarily require that the rest of the Town replace their steel tanks and cesspools. Mr. Curtis replied that cesspools and steel tanks are a problem all over, but a much greater problem in the concentrated, denser areas. He noted that the Town should be equitable so it is something to think about. Mr. Curtis noted that that will be one of the complaints. Ms. Eberly stated that Westbrook designated the areas of concern 1, 2, and 3. She noted that the requirement was town-wide, but they started with area 1 or the area of greatest concern. Chairman Risom stated that Old Lyme could take the same approach, starting with the beach areas and then expanding throughout the
Town.
Mr. Curtis stated that he would ask about the use of Clean Water Funds and get back to the Commission with what he learns. The Commission thanked Mr. Curtis for his time and good information.
Chairman Risom stated that Old Lyme was progressive in the 1990’s when this Commission was formed and the pump-out program was established and the other Towns have caught up. He noted that Old Lyme now needs to move to the next level.
Mr. Rose stated that the property owner of 109 Hillcrest has sent a letter indicating that her system cannot be pumped because the tank cannot be located. He indicated that she is asking for an exception because they cannot locate it. Mr. Rose stated that the Point ‘O Woods WPCA has asked that this be brought to this WPCA’s attention. Mr. Rose stated that Mr. Yuknat has used dye and cannot locate the tank. He feels it should be referred back to the POW WPCA for their action.
Mr. Rose stated that a contractor was awarded the sewer project and water will be installed at the same time with a 2 million dollar loan from the State. Chairman Risom stated that the project recently received Wetlands approval. Mr. Roberts stated that he has heard that the contract will be null and void if they cannot raise all the money. Chairman Risom stated that he has heard that the Clean Water Funds promised may not be available. He also noted that he has heard conflicting reports on whether East Lyme will accept the sewage.
Mr. Dickey indicated that he is approximately three-quarters of the way done retyping the Regulations. He noted that he would like to move the Housing Ordinance to the end of the document.
Chairman Risom stated that he needs a volunteer to visit the Transfer Facility occasionally and report back any problems and/or needed capitol improvements. He explained that the tanks are wearing out and the piping is questionable. Chairman Risom stated that many things are at the end or their life and the capitol budget items need to be addressed. Mr. Breunig agreed to take on this task.
Chairman Risom asked for a volunteer to create an educational mailing. He noted that one of the standing committees is public education. Ms. Eberly indicated that she would create an education mailing and asked to be provided with past samples. She indicated that she would attempt to have a draft for the next meeting.
Chairman Risom indicated that he plans to invite Dr. Sikand to attend all future meetings. Mr. Rose indicated that he is sure Dr. Sikand would be glad to attend.
Treasurer’s Report
Ms. Grogan stated that she noticed in the minutes that they questioned the printing charge because it was posted under office supplies. She noted that she spoke with Doris Johnson, who indicated she would change it and put it in the printing line. Ms. Grogan stated that the current balance for the 2007/2008 budget is $20,592.17. Chairman Risom noted that Jacobson still needs to bill for the spring. He noted that historically the WPCA is almost out of money this time of year. Mr. James noted that they haven’t spent money on the education mailing yet which is approximately $1,400.00. Chairman Risom stated that they were also to install two test wells on the east side of Rogers Lake. Mr. Breunig stated that he would contact Nathan Jacobson associates.
Sanitarian’s Report
Mr. Rose questioned what he should do about the situation at 109 Hillcrest. Chairman Risom stated that the WPCA should refer it back to the Point ‘O Woods WPCA. Mr. Roberts agreed that the Old Lyme WPCA does not have jurisdiction. Mr. James agreed and indicated that the WPCA should defer the matter back to them. Mr. Risom asked that Ms. Bartlett scan the letters from the homeowner and email them to him. He indicated that he will then write a letter to the POW WPCA.
Mr. Rose requested funds to have Mr. and Mrs. Fish come back to the schools to present their educational program. Chairman Risom indicated that there appears to be plenty of money left in the budget. Mr. Roberts indicated that he attended one of their presentations and he thought it was very good for the kids. The Commission agreed to allocate the funds for this program. Mr. Rose indicated that the cost is approximately $2,100.00.
A motion was made by Mervin Roberts, seconded by Louisa Groan and voted unanimously to approve the minutes of February 28, 2008, as amended.
Mr. Roberts stated that he wrote a letter to Lyme Line hammering at the point that good government cannot survive when there is divided responsibility and divided authority. He indicated that he received only two comments back from the entire Town of Old Lyme. Mr. Roberts stated that he does not know how people tolerate a government with built-in conflict. He indicated that it should not happen but yet the Legislature allows it to continue to happen. Chairman Risom stated that it does to continue to happen and a good example is how Old Lyme continues to try to legislate Point ‘O Woods.
A motion was made by Mervin Roberts, seconded by Aimee Eberly and voted unanimously to adjourn at 8:58 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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