APPROVED
OLD LYME WATER POLLUTION CONTROL AUTHORITY
REGULAR MEETING
THURSDAY, MAY 15, 2008
The Old Lyme Water Pollution Control Authority met on Thursday, May 15, 2008 at 7:30 p.m. at the Church of Christ the King Parish Center. Those present and voting were Mervin Roberts (Acting Chairman), Aimee Eberly, George James, Dimitry Tolchinsky, Louisa Grogan (Secretary), Joe O’Connor and Angus McDonald. Also present were guests Robert DePianta and Janice Kraus.
Acting Chairman Roberts called the meeting to order at 7:33 p.m.
Approval of Minutes
A motion was made by Louisa Grogan, seconded by Joe O’Connor and voted unanimously to approve the minutes of the April 17, 2008 Regular Meeting.
Hearing Panel
Mr. DePianta indicated that he has not yet received correspondence in regards to how the hearings should be held. He stated that he has received information from the Town that several people have appealed. Mr. James stated that the final warnings for pumping have gone out. He noted that these warnings call for a $50.00 fee and warn that the next step is $100 per day for failure to pump. Mr. James explained that a result of this will be a number of appeals which is where the hearing panel comes in. He stated that the panel should ask for evidence that the system has been pumped and if they have not, they are in violation of Town Ordinance.
Mr. James stated that he has suggested that Mr. Wells sit in on the first few hearings to be sure that the hearings are held properly and to answer any questions of the panel members. Ms. Bartlett indicated that she would provide a copy of the Ordinance to the panel members and a copy of the WPCA Regulations. The Board agreed that Attorney Wells should sit in on the first hearing to help the panel with procedural questions.
Mr. James stated that Old Lyme has had great success with compliance to the five-year pumping. He noted that they must enforce the Ordinance so that people know the Town is serious. Mr. James suggested that Mr. Risom could perhaps give further guidance and suggested that they wait until his arrival.
Janice Kraus and Bob DePianta went into the next room to await Mr. Risom’s arrival.
Chairman’s Report
Mr. Tolchinsky stated that he went to a three-day seminar in March to learn about alternative systems. He indicated that he would like to see everyone be able to attend the seminar. Mr. Tolchinsky stated that Rhode Island is the smallest state, yet very progressive in these matters. Mr. Roberts agreed. Mr. Tolchinsky stated that there were people from across the nation attending. He stated that there is no lot too small for a septic system. Mr. Tolchinsky stated that they have been working on this for twenty years and noted that it is time that Connecticut starts doing something similar.
Mr. Tolchinsky explained the process of water cleansing and noted that after it is cleaned, the water is crystal clear. He stated if Point ‘O Woods had gotten involved in something like this they would not be involved with sewering now. Mr. Roberts stated that the two examples that Mr. Rose was involved with in Point ‘O Woods proved exactly that.
Mr. Tolchinsky stated that the State of Rhode Island financed systems for homeowners beginning with 2 million dollars and there is now 8 million dollars accrued through collecting principle and interest. He stated that Rhode Island is willing to share all their information on the management of the program. Mr. Tolchinsky stated that they are holding another seminar June 4 and 5 on the operation and maintenance of alternative systems. He indicated that he is very interested in this subject.
Mr. Risom arrived at this time (8:13 p.m.).
Mr. Tolchinsky stated that the State of Rhode Island has approved nine different alternative systems. He noted that there were several members from both the CT State Health Department and CT DEP.
Mr. Risom stated that he will speak with Jacobsen about what steps need to be taken to establish a Decentralized Waste Water Management District. He noted that Saybrook, Westbrook and Clinton all started down this path but had to much derision within the Town that they finally gave up. Mr. Risom stated that they cannot install these systems without DEP or DOH approval unless they form a Decentralized Waster Water Management District.
Ms. Eberly stated that she met in the next room with Mr. DiPiento and Ms. Kraus. She explained that they would like a copy of the appeal and also a copy of the record for that property. Ms. Eberly stated that they would also like a copy of the pertinent Ordinance and the WPCA Regulations. She noted that they also have questions on how the Committee should operate. The Commission again agreed that Attorney Wells should attend the first hearing.
Ms. Eberly stated that the Town has issued a notice of violation, but she questioned whether an agent of the Health Department has visited the properties to see that the system is not failing. Chairman Risom stated that the violation notice is for not pumping in five years. Ms. Eberly questioned how they would know if the system is failing and then would fall under the Health Code to be fixed. Chairman Risom stated that that is irrelevant; they must pump every five years whether it is failing or not. He noted that they would find out about a failing system when it is pumped. Ms. Eberly stated that if a system is failing it should be fixed. Chairman Risom stated that the reason there is mandatory pumping is to find failing system.
Ms. Eberly stated that for 109-1 Hillcrest, the Thompson property in Point ‘O Woods, there is a note that they pumped on May 12, 2008. She noted that this property should be taken off the list. Chairman Risom agreed. Ms. Eberly stated that 37-1 Mile Creek Road has also been pumped. She questioned why they are being required to hold hearing for properties that have already pumped. Chairman Risom stated that he is not sure why people that have pumped are appealing, but they should be granted hearings if they appeal.
Ms. Eberly stated that the Appeals Board would like a copy of the health file for each appeal. Chairman Risom indicated that he would ask Ms. Swaney to send it to them. Ms. Bartlett stated that she will talk to Attorney Wells and ask him to attend the first meeting and to get some parameters from him on how the hearings should be held.
Chairman Risom questioned whether Mr. Tolchinsky learned at his seminar how they go about getting alternate systems approved. Mr. Tolchinsky replied that they have to be approved by the University of Rhode Island. Chairman Risom stated that in Connecticut there is no avenue for which a health director can approve one of these systems.
Mr. O’Connor stated that there has been at least one case where an older woman could not afford to have her system pump. He noted that there are benefactors that take care of this type of thing.
Chairman Risom stated that they need to look into a decentralized wastewater management district so that alternative systems can be used. He asked Ms. Eberly to get a copy of Westbrook’s Regulation if she is able to. Mr. James stated that a study must be done in order to form a DWMD and pointed it out that this process is very costly.
Mr. Tolchinsky stated his neighbor, Pizza Plus, is pumping four to five times a year. He stated that Pizza Plus does not have a three-bay sink and all grease goes directly into the septic system. Mr. Tolchinsky stated that he spoke to Mr. Rose and Mr. Rose indicated that he cannot make him put in a new septic system or a three bay sink. Chairman Risom indicated that of course the Sanitarian can make him do this because it is a restaurant. Mr. Tolchinsky stated that if the Sanitarian lets him put in a conventional septic system he will be allowed to come to the property line with it and the three neighbors will take his waste on their land and this is not fair. Ms. Eberly noted that the Health Code allows the Sanitarian to give a variance for a repair. Mr. Tolchinsky stated that a new
system on this property should be engineered so that there is proof that it can work. He noted that the building has an apartment on the top floor and a restaurant on the bottom floor and a 4,000 square foot lot and the building takes half of that. Chairman Risom stated that the other half of the lot is impervious. Mr. Tolchinsky stated that the water table is 18” and the system will be dropped into the underground water. Ms. Eberly stated that the requirement for getting an engineer is based on certain criteria, such as ground water at 16 or 18”. She noted that they should probably look at the water usage for the property as they can put a meter on a well. Ms. Eberly questioned why the restaurant does not have a grease trap. Mr. Tolchinsky stated there is no grease trap.
Treasurer’s Report
Ms. Grogan indicated that year-to-date they have spent 8,488.42, with $17,461.57 left. She noted that she understands there is a class payment outstanding for Mr. Tolchinsky and Mr. Rose. Chairman Risom noted that spring testing will be done any time now and Jacobsen has also been engaged to put in two new wells. Mr. James stated that he believes these are just two new service points, not new wells.
Chairman Risom stated that they should ask Jacobsen to invoice as soon as possible so that the WPCA knows how much money is left for the year. He noted that in this way the WPCA will know how much money is left for the year.
Chairman Risom stated that Brian Curtis did a great job doing the paperwork to get the Town to renew the permits for the Transfer Facility. He indicated that he would like to engage him to do the same thing to aide in forming a Waste Water Management District whose boundaries are scientifically determined. Chairman Risom stated that once this is formed, anyone that wants to put in an alternate technology system will have to go through certain steps. He noted that if Brian Curtis could present this at the next meeting it would start things in motion. Chairman Risom stated that going after cesspools and other known inadequate systems without a plan does not make sense. The Commission agreed that this is a good step forward.
Mr. Roberts stated that he wants to make sure that alternative systems would not be used for new homes. Chairman Risom noted that these systems are for use on older systems that were installed a long time ago. He stated that the Statute is clear that alternative technology cannot be used for new construction.
Regulations
Mr. O’Connor stated that Appendix IV is seven pages with a couple of addendums. He noted that this was written by Mike Wells and it explains the process and the fines. Chairman Risom stated that the Regulations are almost ready to go up on the website.
Sanitarian’s Report
No report.
Ms. Eberly stated that she is working on the newsletter.
Mr. James questioned whether the Zoning Commission will have anything to do with the Point ‘O Woods sewer project. Mr. Risom indicated that the Zoning Commission will be hearing their application in June. Mr. James stated that these are two municipalities and buy passing judgment on the application is Old Lyme approving their project. Chairman Risom stated that Point ‘O Woods has their own WPCA, but not their own Zoning Commission, which is the difference. Mr. James stated that he would like to see the Town take action against the project, not the WPCA.
The meeting adjourned at 9:29 p.m. on a motion by Louisa Grogan and seconded by Mervin Roberts; so voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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