TOWN OF SIMSBURY
LEGAL NOTICE
Notice is hereby given that at a meeting held on September 30, 2009, the Board of Selectmen adopted revisions to Chapter 130 of the Town Code of Ordinances entitled Sewers. The Board of Selectmen authorized the publication of a summary of the adopted revisions pursuant to C.G.S. 7-157. This document is prepared for the benefit of the public, solely for purposes of information, summarization and explanation. This document does not represent the intent of the legislative body of the Town of Simsbury for any purpose. The proposed amendments are technical and procedural updates of the ordinance, which was first adopted in 1982. The updates are largely based on the Connecticut Department of Environmental Protection Draft Model Sewer Use Ordinance.
The full text of the ordinance is available at the Town Clerk’s Office and at www.simsbury-ct.gov.
Chapter 130, SEWERS
[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 10-25-1982.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 70.
Highway excavations -- See Ch. 137, Art II.
ARTICLE I, Intent and Definitions
§ 130-1. Intent.
In order to ensure proper removal and disposal of sewage wastes and sewage waters within the Town of Simsbury; to ensure the proper operation and maintenance of public sewers, sewage treatment plants and other sewage works within said town; and to provide for the keeping of adequate records of sewers and appurtenances and connections thereto, the following rules and regulations governing the construction, use, repair, alteration, and discontinuance or abandonment of sewers and appurtenances and connections thereto, including pipes discharging directly or indirectly into said sewers and the substances to be discharged directly or indirectly into and through the sewers and appurtenances of the public sewer system of the Town of Simsbury, as provided in Chapter 103, Section 7-246 et seq. of the General Statutes of the State of
Connecticut, Revision of 1958, these rules and regulations of the Town of Simsbury are hereby enacted.
§ 130-2. Definitions.
- Unless the context specifically indicates otherwise, the meaning of terms used in these rules and regulations shall be as follows:
BOD (denoting "biochemical oxygen demand") -- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C, expressed in milligrams per liter.
BUILDING DRAIN -- That part of the lowest horizontal piping of a drainage system that receives only sanitary waste discharged from pipes inside the walls of the building and conveys it to the building sewer, beginning 10 feet outside the inner face of the building wall.
BUILDING SEWER -- The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL STANDARD – National categorical pretreatment standards or pretreatment standards.
CHLORINE DEMAND -- The amount of chlorine which must be added to waters or wastes to produce a residual chlorine content in such waters or wastes.
COMMISSIONER -- The Commissioner of Environmental Protection for the State of Connecticut.
COOLING WATER -- Includes clean wastewater from air-conditioning, industrial cooling, condensing and similar apparatus and from hydraulically powered equipment. In general, "cooling water" will include only water which is sufficiently clean and unpolluted to admit of being discharged without treatment or purification (except for removal of excessive heat) into any natural open stream or watercourse without offense.
DRAIN LAYER -- A person who holds an appropriate license issued by the State of
Connecticut covering the installation of building sewers as defined above.
GARBAGE -- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES -- The liquid wastes from industrial processes, trade or business, as distinct from sanitary sewage.
NATURAL OUTLET -- Any watercourse, pond, ditch, lake or other body of surface or groundwater.
NPDES – National Pollutant Discharge Elimination System, as administered by the U.S. EPA to set pollutant limits for point source discharges.
PASS THROUGH – A discharge that exits the POTW into waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of Simsbury’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON -- Any individual, firm, company, association, society, corporation, group or any other legal entity; or their legal representatives, agents, or assigns.
pH -- A term that quantifies the intensity of acid or base solutions. A pH of 7 is considered neutral, with acidity increasing as the pH decreases.
POLLUTANT –- Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POTW – Publically owned treatment works. This includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature, and any conveyances which convey wastewater to a treatment plant.
PRETREATMENT – The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties, in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants (unless dilution is allowed by an applicable pretreatment standard).
PRIVATE SEWER SYSTEM –- Pipe lines or conduits, pumping stations, force mains, and all other constructions, devices, appurtenances, and facilities used for collecting or conducting water-borne sewage, industrial waste, or other wastes to a point of disposal or treatment that is owned by a non-governmental entity and which services or is proposed to service more than one structure.
PROPERLY SHREDDED GARBAGE -- The wastes from the preparation, cooking and
dispensing of food which have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER -- A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
REASONABLE LENGTH OF TIME -- Ninety days, weather permitting.
SANITARY SEWAGE -- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
SANITARY SEWER -- A sewer which carries sewage and into which storm, surface and ground waters are not intentionally admitted.
SEWAGE -- – [moved definition to sanitary sewage, planning on deleting or could add See Sanitary Sewage – whatever is the pleasure of the group.]
SEWAGE WORKS -- All facilities for collecting, pumping, treating and disposing of sewage.
SEWER -- A pipe or conduit for carrying sewage.
SEWER SERVICE AREA – That area shown on the map entitled “Simsbury Sewer Service Area,” dated November 2008, or current version as may be from time to time amended.
SHALL and MAY -– The word “shall” is mandatory; “may” is permissive.
SLUG -- Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes, more than five times the average flow or concentration that is generally experienced for such an interval of time during the course of twenty-four hours of normal operation.
STORM SEWER or STORM DRAIN -- A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes, other than unpolluted cooling water.
SUBSOIL DRAINAGE -- Includes water from the soil percolating into subsoil drains and through foundation walls or basement floors, or from underground pipes or similar sources.
SUITABLE FACILITIES -- Public sewer or septic tank.
SUPERINTENDENT -- Refers to the authorized agent or representative of the Water Pollution Control Authority, who is responsible for the operation and management of the sewer collection system and the associated water pollution control facility.
SUSPENDED SOLIDS -- Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
WASTEWATER – Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT -- Any arrangement of devices and structures used for
treating sewage.
WATERCOURSE -- A channel in which a flow of water occurs either continuously or
intermittently.
WATER POLLUTION CONTROL AUTHORITY -- As defined in Chapter 103 of the
Connecticut General Statutes (1958), as amended.
WATER POLLUTION CONTROL PLAN – The document that describes where sewers are to be located and not located within the Town of Simsbury. Included in the Water Pollution Control Plan is the sewer service area map.
Public Sewers Required
ARTICLE II, Use of Public Sewers Required
§ 130-3. Deposit of wastes restricted.
It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the Town of Simsbury, or in any area under the jurisdiction of said town, any human excrement or any other objectionable waste.
§ 130-4. Discharge of wastes restricted.
It shall be unlawful to discharge into any natural outlet within the Town of Simsbury, or any area under the jurisdiction of said town, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of these rules and regulations.
§ 130-5. Connection to public sewers required.
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Sewer Service Area of the Town of Simsbury and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer of the town may be required, at the option of the Town of Simsbury and at the owner's(s') expense, to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so.
§ 130-6. Private sewage disposal systems.
A. All homes, businesses, buildings, institutions and industrial establishments not abutting on a street in which there is a sanitary sewer, shall have a suitable private sewage disposal system, the installation and operation of which shall be subject to the inspection and approval of the Director of Health in accordance with the applicable provisions of the Building Code of the State of Connecticut.
- Except as herein provided, it shall be unlawful to construct or maintain any septic tank or other facilities intended or used for the disposal of sewage if sewers are available.
ARTICLE III, Subdivision of Land
§ 130-7. Developer to install facilities.
Whenever a developer subdivides a tract of land into residential building lots or industrial or commercial sites, he shall provide and install suitable facilities and/or a sewage disposal system in accordance with the regulations of the Town Planning Commission and the standards and specifications of the Water Pollution Control Authority.
ARTICLE IV, Building Sewers and Connections
§ 130-8. Permit required.
No person shall uncover, make any connections with or opening into, use, alter or disturb, any public sewer or appurtenance thereof without first obtaining a written permit from the Water Pollution Control Authority or an authorized agent thereof.
To ensure compliance with the provisions of this article and to facilitate the supervision of the construction, operation and repair of sanitary sewers, and the keeping of records thereof, no person other than those described in section 130-33 of Article VI, shall construct, repair, alter, or remove any sanitary sewer, house connection or pipe connected to or with, or discharging directly or indirectly to or into, any public sanitary sewer of said town, or intended to discharge thus at some future time, regardless of whether said work is located in a public street or on public or private land.
§ 130-9. Fees; application for permit.
The Water Pollution Control Authority shall establish a Schedule of Fees. The owner or his agent shall make permit application on a special form furnished by the Water Pollution Control Authority. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Water Pollution Control Authority.
§ 130-10. Installation and connection costs and expenses.
WPCA fees shall not include installation and connection costs. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town from loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. No sewer permit will be issued unless the person applying
for the permit has deposited a check, payable to the Town of Simsbury, in the amount determined by the Water Pollution Control Authority.
§ ???-??. Specifications.
The WPCA shall, from time to time, establish standard requirements or specifications to regulate the sizes, materials, methods, and workmanship to be used in the construction of sanitary sewers, house connections, and other similar work and appurtenances thereto connected, or intended to be connected, or to discharge, directly or in directly, into any public sanitary sewer of the town. Such standard requirements shall provide minimum requirements as to size, depth, slope, or rate of grade for such pipes, and shall regulate the kinds of pipes and fittings, the methods of laying and jointing, the materials used, the manner of connecting to preexisting sanitary sewers, and the general considerations as to location and other pertinent features. Any such requirements or specifications may from time to time be amended and are hereby
made a part of this article.
§ ???-??. Conformance to town building and plumbing codes required.
The requirements of town building and plumbing codes shall be observed with respect to piping and fixtures inside or immediately adjacent to buildings and within the areas of jurisdiction of said several codes, subject only to the general requirements of this article. Pipe more than five (5) feet outside the inner walls of any building or similar structure shall conform to the requirements of this article as to permits, materials, and workmanship.
§ 130-11. Use of old building sewers.
Old building sewers may be used in connection with new buildings only when they are found, on evaluation by the Water Pollution Control Authority or its agent, to meet all requirements of these rules and regulations. The cost of such evaluation shall be borne by the property owner.
§ 130-13. State standards.
The requirements of the State Building Code shall be observed with respect to piping and fixtures inside or immediately adjacent to buildings and within the areas of jurisdiction of said code, subject only to the general requirements of these rules and regulations. Building sewers shall conform to the requirements of these rules and regulations as to permits, materials and workmanship.
§ 130-14. Separate building sewers required.
A separate and independent building sewer shall be provided for every building; provided, however, that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building, and the whole considered as one building sewer.
§ 130-15. Connection elevation.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the public sewer.
§ ???-??. Maintenance of house connection.
In the event of a complaint regarding a sanitary sewer stoppage, Water Pollution Control will ascertain if the main sanitary sewer is clear, and any stoppages therein will be relieved as quickly as possible at no expense to the property owner. If the main sanitary sewer is found to be clear, the property owner will be so informed and the property owner shall then, at the property owner’s expense, employ a licensed plumber, reputable cleaner, or licensed or permitted drain layer to clear any stoppage in the house connection. If the licensed plumber, reputable cleaner or licensed or permitted drain layer finds that the stoppage cannot be cleared by power-rodding or snaking, then the property owner shall notify the WPCA or authorized agent. If excavation is required to remove the blockage in the house connection, a permit
must be obtained from the WPCA to perform such work. All expense required to remove a blockage from a house connection is the responsibility of the property owner.
§ 130-16. Notification of changes in volume or character of pollutants; Superintendent Approval Required Before Implementing Changes.
Any person proposing a new discharge into the public sewer system that involves substantial change in the volume or character of pollutants being discharged into the public sewer system, shall notify the Superintendent at least 45 days prior to the date on which the proposed change or connection is sought to be implemented. No person shall implement any such proposed change or connection unless and until the same has been approved by the Superintendent in a writing signed by the Superintendent.
§ 130-17. Excavations.
All excavations for building sewer installations shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Director of Public Works. Editor’s Note:See also Ch. 137, Streets and Sidewalks, Art. II)
§ 130-18. Abandonment or discontinuance.
When any building or other structure previously served by a connection to any public sewer is demolished, destroyed, abandoned or altered so that any sewer or portion of an abandoned plumbing system which is directly or indirectly connected to any public sewer is no longer used and is no longer connected to the sewer system which discharged, directly or indirectly, into a public sewer, such sewer or system shall be promptly closed and sealed off, so that no water or waste not otherwise permitted to enter the public sewer shall be so discharged there-into. The Water Pollution Control Authority or its agent shall be notified of such abandonment or discontinuance and of the closing and sealing of such sewer, and shall be afforded an opportunity to inspect such work performed. All of said work shall be done by the person or party who
demolishes the building or structure, or who alters the sewerage of the premises so as to make such closing and sealing necessary, and, in the event of the failure of such person or party to do so, shall be done by the owner, lessee or tenant of the premises in a satisfactory manner, all without expense to the town.
§ 130-19. Construction in proximity to water supply wells.
No building sewer shall be constructed within 25 feet of a water supply well. If a building sewer is constructed within 25 to 75 feet of a water supply well, it shall be constructed in accordance with all applicable guidelines promulgated by the Commissioner.
§ 130-20. Prohibited discharges.
A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
B. Storm water and all other unpolluted drainage shall be discharged to such drains as are specifically designated as storm drains, or to a natural outlet approved by the town engineer or an authorized agent thereof. In any case where the only available option is to discharge to the sanitary sewer, application for approval must be made to the WPCA prior to connecting said discharge.
C. Cooling water or similar waste waters in large volumes or discharged in large quantities at one time shall not be discharged into any sanitary sewer without specific permission from the WPCA. In general, such permission shall not be granted at locations where there is conveniently available a storm drain, natural watercourse, or other convenient and suitable means of disposal of clean wastewater.
D. No person shall discharge or cause to be discharged any of the following-described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the POTW.
(3) Solid or viscous substances in such quantities or of such size as to be capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to grease, garbage with particles greater than ½-inch in any dimension, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, spent grains, spent hops, wastepaper and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(4) Poisons, cyanides, or any substance likely to generate poisonous fumes that may interfere with, constitute a hazard to, or be dangerous to human beings, or domestic animals, or create any hazard in the receiving waters of the sewage treatment plant.
(5) Any noxious or malodorous gas or substance capable of creating a public nuisance. Any sewage containing odor-producing substances exceeding limits that may be established by the state or Federal Government.
(6) Any water containing disinfectants, formaldehyde, toxic or poisonous substances in quantities sufficient to delay or interfere with sewage treatment and sludge digestion processes, including sedimentation, biological, and chemical processes used by the town at its sewage treatment plant.
(7) Wastewater causing readings on an explosion meter at the point of discharge into the collection system of more than 5% of any single reading over 10% of the lower explosive limit of the meter.
(8) Overflow from holding tanks or other receptacles storing organic wastes.
(9) Any substance that will contribute to or cause the WPCF to violate its NPDES permit or exceed the receiving water quality standards. Any pollutant or wastewater that will cause interference or pass through.
(10) Any wastewater that impacts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
§ 130-21. Acceptability of certain wastes.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Water Pollution Control Authority that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the Water Pollution Control Authority will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
A. Any liquid or vapor having a temperature higher than 150° F (65° C).
B. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32°F and 150° F (0C and 65C).
C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower [seventy-six hundredths (0.76) horsepower metric] or greater shall be subject to the review and approval of the Water Pollution Control Authority or its agent.
D. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
E. Any waters or wastes containing infectious contagious biological or medical wastes, iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works has a sewage concentration of pollutants in excess of the following limits:
Concentration in Parts/Million
Pollutant (mg/l)
Arsenic as As 0.05
Barium as Ba 5.0
BOD5 300
Boron as B 5.0
Cadmium as Cd 0.1
Chromium (total) 1.0
Chromium (Cr + 6) 0.1
Copper as Cu 1.0
Cyanides as CN (amenable) 0.1
Fluoride as F 20
Lead 0.1
Manganese as Mn 5.0
Magnesium as Mg 100
Mercury 0.01
Nickel 1.0
Oil and Grease (Total) 100
Oil and Grease (Floatable) 20
Silver 0.1
Tin 2.0
Total Suspended Solids 300
Zinc as Zn 1.0
NOTE: All metals are to be measured as total metals.
F. Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Water Pollution Control Authority as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters.
G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Water Pollution Control Authority in compliance with applicable state or federal regulations.
H. Any waters or wastes having a pH in excess of nine point five (9.5) or wastes having a pH lower than five point five (5.5) or having other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
I. Materials which exert or cause any of the following:
(1) Unusual concentrations of inert suspended solids (such as but not limited to fuller's earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).
(2) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
J. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
K. Backwash water. [Added 11-13-1991]
(1) Backwash water from in-ground outdoor pools and all indoor pools is prohibited.
Backwash water from these pools will be accepted when no more than 100 gallons per minute (gpm) of that water is discharged and a sand trap installation exists for the pool backwash.
(2) Pool water drainage must be overland or to storm drainage, unless prohibitive conditions exist, in which case drainage must be through the backwash system.
§ 130-22. Pretreatment or equalization of certain wastes.
A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 130-21 and which in the judgment of the Water Pollution Control Authority may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Water Pollution Control Authority may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require additional payment to cover the added cost of handling and treating the waste.
B. If the Water Pollution Control Authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Water Pollution Control Authority and subject to the requirements of all applicable codes, ordinances and laws.
§ 130-23. Grease, oil and sand interceptors.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Water Pollution Control Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Water Pollution Control Authority and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these separators, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the WPCA or its
agents. Any removal and hauling of the collected materials shall be performed by a waste disposal firm which possesses a valid permit from the Commissioner.
§ 130-24. Maintenance of pretreatment or flow-equalizing facilities.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
§ 130-25. Manholes.
When required by the Water Pollution Control Authority, the owner or owners of a public or private sewer system serviced by a building sewer shall install a suitable control manhole, together with such necessary meters, and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manholes, when required, shall be accessibly and
safely located and shall be constructed in accordance with plans approved by the Water Pollution Control Authority. The manholes shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
§ 130-26. Standards for measurement, tests and analyses.
All measurement, tests and analyses of the characteristics of waters and wastes to which reference is made in these rules and regulations shall be determined in accordance with the latest edition of Standard Methods for the Examination of Waters and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular
analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH is determined from periodic grab samples.
§ 130-27. Agreements with industries.
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Water Pollution Control Authority and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor by the industrial concern as determined by the Water Pollution Control Authority, provided that such agreements do not contravene any requirements of existing state or federal laws and are compatible with any user charge and industrial cost recovery system in effect.
§ 130-28. Deposit of wastes from private systems at treatment plant.
The waste from any privy, septic tank or cesspool may be deposited and processed at the Simsbury wastewater treatment plant, provided that such waste is from property in Simsbury, Avon, or Granby or such other towns as may be designated by the Water Pollution Control Authority and is not considered harmful. The plant operator's permission must be given before such waste can be discharged into the treatment plant. A test of such waste and any treatment to make such waste compatible shall be made at the contractor's expense if the plant operator considers the waste harmful to the plant facilities and/or operation. The contractor shall assume all liability to property and persons. A fee shall be charged for such deposit as determined by the Water Pollution Control Authority.
Article V, Use of Public Sewers
§ 130-29. State permit required.
A. In accordance with Chapter 446k, Section 22a-430 (FYI Discussion: 25-54i has been replaced by 22a-430. Delete this discussion in final draft.) of the Connecticut General Statutes as amended, a permit from the Commissioner of Environmental Protection is required prior to the initiation of a discharge of any of the following wastewaters to a public sewer:
(1) Industrial wastewater of any quantity.
(2)Domestic sewage in excess of 5,000 gallons per day through any individual building sewer to a public sewer.
B. A potential discharger must submit a permit application to the Department of Environmental Protection not later than 90 days prior to the anticipated date of initiation of the proposed discharge.
§ 130-30. Monitoring of discharges.
All industries discharging into a public sewer shall perform such monitoring of their discharge as required by the Commissioner in any state discharge permit issued pursuant to Chapter 446k, Section 22a-430 of the Connecticut General Statutes, as amended, including but not limited to installation, use and maintenance of monitoring equipment, keeping records and reporting the results to the Commissioner. Such records shall be made available upon request of the Commissioner or the Superintendent.
§ 130-31. Prevention of accidental discharges.
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. The Commissioner may require that plans showing facilities and operating procedures be submitted for review and approval prior to construction of the facilities.
A. Within five days following an accidental discharge, the user shall submit to the Superintendent and the Commissioner a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the water pollution control facility, fish kills, aquatic plants or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
B. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees are advised of the emergency notification procedure.
ARTICLE VI, Installation
§ 130-32. License required.
No person shall install, construct, repair, alter or remove any sewer or building sewer connected to or with or discharging directly to or into any public sewer, regardless of whether said work is located in a public street or in public or private land, unless he holds an appropriate license issued by the State of Connecticut. Any such person shall furnish the surety bond and insurance required by §130-41 and 130-42 hereof.
§ 130-33. Qualified persons or agencies.
The following may, as indicated, construct, repair, alter or remove sewers, subject to supervision and approval by the Water Pollution Control Authority:
A. Regular forces of a contractor employed by the town, operating under orders of the Water Pollution Control Authority and in the performance of work for said town.
- Regular forces of the Town and/or the State Highway Department operating under and subject to permit for the particular job to be issued by said Water Pollution Control Authority or its agent and while engaged in the regular work and operations of said Town or State Highway Department.
C. Regular forces of any public utility company or corporation authorized by state law to construct, maintain, and operate pipes or ducts within public highways within said town, while engaged in work incidental to the regular structures of said utility company and operating under and subject to the conditions of a permit for a particular job issued by the WPCA.
D. Any person, firm, or corporation which shall have been licensed under this article by the town to perform work of the type described herein during the period provided in such license and when operating under and subject to the conditions of a permit for a particular job issued by the WPCA.
§ 130-34. Exemptions for plumbers.
The limitations as to persons who may construct, alter or repair building drains and building sewers as provided in §130-32 shall not restrict the usual work of plumbers or others when operating in accordance with State Plumbing and Building Codes and when they are working on pipes within or not more than 10 feet outside the walls of a building or similar structure, provided that no plumber or other person shall make any connection to a public sewer of said town without a permit therefor, even if said sewer is located under or immediately adjacent to any building or similar structure, and provided that all fixtures within said building or structure and all use made of them shall conform to the requirements of these rules and regulations as to what may and may not be permitted to be discharged into public sewers.
§ 130-35. Owner performance.
Nothing herein contained shall prohibit the owner of a building or structure from personally installing the building sewer on his own property (excluding therefrom any land laid out or dedicated as a public way) under the conditions herein specified:
A. Approval of plans and final approval by the Water Pollution Control Authority or its agent shall be obtained.
B. A permit shall be secured as herein provided before the work is performed.
C. Permit fees shall be paid and application made for inspections.
D. All work shall be performed by the owner himself in accordance with the provisions of these rules and regulations.
E. Compliance with applicable state statutes and rules and regulations pursuant thereto.
ARTICLE VII, Permits
§ 130-36. When required.
No person, other than working for and under the direction of the town, shall make any excavation for or construct, install, lay, repair, alter or remove any sewer, building drain, building sewer connection or appurtenance thereof or connect to such sewer within the town which is in any way connected to or discharges directly or indirectly to or into any public sewer of said town, or is intended at some future time to be so connected or so discharged, until said shall have applied for and secured from the Water Pollution Control Authority or its agent a permit for doing such work. Such permits may be issued only to those qualified to perform such work as provided in § 130-32 of these rules and regulations. The fee for such permits shall be established by the WPCA.
§ 130-37. Application for permit
Every application for a permit shall be made in writing on forms to be provided by the Water Pollution Control Authority for that purpose and shall be signed by the drain layer or other qualified person or party or an authorized agent thereof. The Water Pollution Control Authority or its agent shall require, as a prerequisite to the issuance of any permit, that it be furnished satisfactory evidence:
A. That any and all necessary permits, etc., to open public streets, public or private grounds or property have been or will be issued;
B. That the agent of the applicant is properly authorized to sign the application in question;
C. That the devices used or provisions made to prevent the entry into public sewers of any substances forbidden entry by these rules and regulations will be provided, maintained and operated as required by Articles IV and V hereof; and
D. That the applicant has provide any and all other information or proof pertinent to the particular job in question such that that the Water Pollution Control Authority, or its agent, may determine that the particular job in question, and the proposed use of and/or discharge into the public sewers, will be in conformity with these regulations in all material respects and will not be detrimental to, or pose a significant risk to, the public health and/or safety.
§ 130-38. Fees; transferability and display of permit.
Any person who applies for a permit to connect into a sewer or sewer line shall pay the prescribed fee for each such permit. Permits shall not be transferable or assignable by the permittee. Permits shall be kept on the premises where and at all times when work is in progress and shall be shown to any proper person asking to see the same. All persons operating under such permits shall be held responsible for conformity to the requirements thereof and of these rules and regulations.
§ 130-39. Suspension or termination of permit.
Should the WPCA find that any licensed or permitted drain layer has failed to conform to the requirements of this article and to the conditions of any license or permit issued hereunder, or that such drain layer has not been faithful in the performance of work or furnishing materials under his permit, the superintendent may suspend such permit until the next meeting of the WPCA and shall report the matter to such meeting. Such suspended drain layer and any complainant in said matter shall be notified of such meeting and afforded an opportunity to be heard on the matter at that time. The WPCA may, after said opportunity to be heard has been provided, revoke said permit or may extend the suspension of such permit for such period or limit the activities of such drain layer in such manner as may appear to be in the public interest.
Suspension, cancellation, or termination of a permit shall not entitle the permittee to any compensation or reimbursement from the town or its agents for any alleged loss or expense incurred thereby, and permits shall be issued only on this condition.
§ 130-40. Conduct of permittee.
Each drain layer licensed in accordance with § 130-32 hereof shall be responsible for the proper performance of all work performed under the permits issued to him and for the conduct of all work and all materials furnished on work by his employees or agents. No work shall be sublet by a drain layer under any permit issued in any manner to divest said drain layer of full control and responsibility for all parts of said work.
§ 130-41. Liability insurance.
Each drain layer shall save the Town of Simsbury, its agents and servants harmless from all loss or claims of loss, damage or injury arising from the operations of said drain layer under any permits issued to him by reason of his negligence in performing the work in which he has been issued a permit. He shall furnish the town a public liability policy in an amount to be determined by the Water Pollution Control Authority in which the town is a named insured, protecting it against such loss or claims of loss.
§ 130-42. Surety bond.
Every person making application for a permit shall file with the town a satisfactory bond of a surety company authorized to transact such business in the State of Connecticut in a manner satisfactory to the Water Pollution Control Authority. The bond shall be in an amount to be determined by the Water Pollution Control Authority, conditioned upon the applicant's substantially and properly performing all work to be done under the permits issued to him in a workmanlike manner and upon his using proper materials; upon the applicant's restoring that portion of any street or public places which he has excavated in accordance with the rules contained in the permit issued him and maintaining the same for a period of one year; and upon the applicant's reimbursing the town for any expense for repairs to such street or public place made
necessary by reason of the excavation.
ARTICLE VIII, Enforcement
§ 130-43. Orders and notices.
If any person shall construct, install, alter or repair any sewer, building drain, building sewer or connection to any public sewer of the town in violation of the requirements of these rules and regulations, or, having obtained a permit as provided in these rules and regulations, shall construct, install, alter or repair any sewer, building drain, building sewer or connection thereto without having given the Water Pollution Control Authority or its agent adequate notice, time, opportunity and assistance, during regular working hours, to inspect such sewer, connection and the work and materials used thereon, said Water Pollution Control Authority or its agent shall order or direct the person who constructed, installed, altered or repaired such sewer, etc., and/or the owner of any property in which such sewer, etc., may be located
or which may be served thereby, or in whose interest and employ said work was done, to uncover and fully expose any or all portions of such sewer, etc., and afford said Water Pollution Control Authority or its agent adequate opportunity to examine and inspect such sewer, etc., and to secure such records thereof as may be proper. If such sewer, etc., and the appurtenances thereof shall be found not to be in full accord with the requirements of these rules and regulations and the standards established under its provisions, then said Water Pollution Control Authority or its agent shall order and direct such person, owner or lessee to make such changes in or additions to or remove portions of appurtenances of such sewer, etc., as may be necessary to ensure that such sewer, etc., will conform to the requirements of these rules and regulations and of the standards established under its provisions. All of such work shall be performed by said person, owner or lessee without delay and
without expense to the town.
§ 130-44. Disconnection by Authority.
If any person, after proper order or direction from the Water Pollution Control Authority or its agent, fails to take the remedial steps or perform the acts required by these rules and regulations or fails thereafter to use, operate and maintain any connection with the public sewers of the town or appurtenances thereof as required by these rules and regulations, the Water Pollution Control Authority or its agent and/or facilities, as it may choose, may disconnect the sewer, etc., which was wrongfully connected, altered, repaired or used or through which improper wastes were discharged into the public sewer system of the town. All expenses incurred in disconnecting the sewer are to be charged to the owner and paid before reconnecting said sewer. A new application must be filed with the Authority for reconnecting the discontinued
sewer.
§ 130-45. Protection from damage.
Any person who willfully breaks, damages, destroys or injures any structure, appurtenance or equipment which is a part of the municipal sewage works shall be subject to the penalties imposed under Section 53a-116 of the Connecticut General Statutes (Revision of 1958), as amended.
§ 130-46. Powers and authority of inspectors.
A. The Water Pollution Control Authority, its agent and other duly authorized representatives of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observations, measurement, sampling and testing in accordance with the provisions of these rules and regulations. The Water Pollution Control Authority, its agent and other duly authorized representatives of the town shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond such inquiry as is necessary or appropriate to make a proper determination as to the kind, quality, quantity, source and constituent elements and/or attributes of a discharge or proposed discharge to the sewers or waterways or facilities for waste
treatment.
B. The Water Pollution Control Authority, its agent and other duly authorized representatives of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works, if any, on said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
§ 130-47. Penalties for offenses.
A. Any person who shall violate any provisions of these rules and regulations, except § 130-45,shall be served by the Water Pollution Control Authority with a written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. Such written notice shall include information about the right to petition as noted in Subsection D below. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. A violation of any provision of these rules and regulations shall be an infraction as provided for in Connecticut General Statutes Sections 51-164m and 51-164n. Pursuant to Connecticut General Statutes Section 51-164p, any such violation shall be punishable by a fine of not more than $90 for each offense. Each day that such offense is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Amended 1-8-1990]
C. Any person committing a violation of any of the provisions of these rules and regulations shall be liable to the town for any expense, loss or damage occasioned the town by reason of such violation. [Amended 1-8-1990]
D. The person to whom any written notice is served by the Water Pollution Control Authority may petition for a hearing before the Water Pollution Control Authority by filing within three days (excluding Saturdays, Sundays and legal holidays) after the day the written notice was served or given. Said petition shall be filed in the office of the Water Pollution Control Authority. Upon receipt of such petition, the Water Pollution Control Authority shall set a time and place for such hearing and shall inform the petitioner thereof in writing.
(1) The hearing shall be commenced not later than five days after the day on which the written request was filed and shall be concluded within five days thereafter, provided that upon application of the petitioner, the said Authority may postpone the date of the hearing for a reasonable time beyond the five-day period.
(2) At the hearing, the petitioner shall be given an opportunity to be heard and to show any order or decision set forth in the written notice of the Water Pollution Control Authority should be modified or withdrawn.
(3) After the hearing, the Water Pollution Control Authority shall sustain, modify or withdraw its order or decision and shall inform the petitioner, in writing, of its decision within three days after the conclusion of the hearing. If a petition for hearing is not filed in the office of the Water Pollution Control Authority within three days (excluding Saturdays, Sundays and legal holidays) after written notice as provided in Subsection A hereof has been issued, or if after the hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense.
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