Date: Fri 22-Aug-1997

Publication: Bee

Author: ANDYG

Quick Words:

sewer-regulations-PCA

Full Text:

WPCA Makes Minor Changes To Sewer Regulations

B Y A NDREW G OROSKO

In response to comments made at a public hearing, Water Pollution Control

Authority (WPCA) members modified the town's sewer regulations August 14

before adopting them.

WPCA members agreed to more clearly state the specific rights of the town's

public works director to enter a sewer user's premises to determine compliance

with the sewer regulations. The town's public works director will administer,

implement, and enforce the rules.

Resident Herbert Rosenthal of 70 Main Street had questioned regulations which

allow the public works director to enter sewer users' premises.

Allowing such access appears to violate citizens' Fourth Amendment rights, Mr

Rosenthal said.

The Fourth Amendment to the US Constitution protects citizens from illegal

searches and seizures.

Following discussion on the matter, WPCA members agreed to clarify the

regulations, and state the public works director's specific rights to enter a

property on sewer business. WPCA members agreed to refer the right-of-entry

issue to the town attorney for clarification.

Fred Hurley, public works director, explained that in the course of enforcing

the sewer regulations, the town could seek access to a property, be told to

leave by the owner, after which the town would seek a court order to gain

access. The court order would be similar to a search warrant.

About 840 addresses will have access to sewers.

Permit Fee

In another matter, several people at the hearing complained that property

owners shouldn't have to spend $100 for a sewer connection permit. The $100

fee would be used to cover the costs associated with inspecting whether the

property is properly connected to the sewer system.

Mr Rosenthal asked why the $100 permit fee wasn't calculated in some manner

other than adding the cost on top of various other sewer costs.

"It's not the proper thing to do," Mr Rosenthal said of the $100 permit fee.

Sewer hookups aren't eligible for the low-interest loan subsidies which are

available to sewer users to cover the sewer system's capital costs, explained

Peter Grose, the sewer project director for Fuss and O'Neill, Inc, the town's

consulting engineer. Because subsidies aren't available, a sewer connection

fee was created, he said.

Resident Ray Ruzek of Maltbie Road said adding a $100 sewer connection fee to

the price of connecting to the sewer system doesn't look good. Such a fee

should be incorporated into the overall cost of a sewer connection, he said.

Following discussion of the proposed $100 fee, WPCA members agreed to reduce

it to $50.

Connection Period

Also, WPCA members discussed the length of time that will be needed to connect

all addresses in the sewer district to the sewer system.

Resident Bill Honan of 60 Main Street asked why only 120 days will be allowed

to connect to the sewer system.

Mr Honan said the town should create a Board of Sewer Assessment Appeals to

handle property owners' appeals to assessments which have been set by the

WPCA. Property owners with access to sewers will receive their assessments by

mail by early September. The assessments represent the amount of money the

property owners will pay back to the town across a 20-year period to cover the

cost of sewer system construction. Subsidized two percent loans will be

available to cover the costs of borrowing the money.

Also, Mr Honan objected to the visual impact of installing sewers along Main

Street.

"Main Street looks like hell.... They dug a hole in front of one of my houses

that you could bury the Empire State Building in," Mr Honan said.

Mr Honan added the town is placing too many responsibilities on the public

works director in running the sewer system.

Resident William Lavery of 10 Main Street urged the WPCA to extend the minimum

period for connecting to the sewer system from 120 days to 180 days. Mr Lavery

said it's difficult to find a plumbing contractor available to do connection

work.

Resident Melissa Pilchard of Poorhouse Road, a Legislative Council member,

charged that WPCA members haven't addressed a range of questions on the sewer

system which she presented to them months ago.

Mrs Pilchard has presented the WPCA with a list of 27 questions about the

administrative, procedural, operational and financial aspects of the sewer

system.

The questions raised concerns in a number of areas:

What does the town do if a property owner with access to sewers can't afford

sewer-related costs?

To whom can sewer users appeal if they don't agree with the decisions of the

public works director?

How will property be protected from land contamination if a sewer user's line

is disconnected?

Although the Legislative Council may not have been formally notified, the WPCA

has changed its sewer regulations to reflect the council's concerns, WPCA

Chairman Peter Alagna said.

Mrs Pilchard charged there is no legitimate method to appeal sewer assessments

in urging the WPCA to set up some formal appeals process. Suing in court is

expensive, she said.

After discussion, WPCA members agreed to let the 120-day connection period

remain in the regulations, but noted that the maximum time period for

connecting will be subject to further review.

One Year

Mr Hurley pointed out it probably will take one year to get all addresses in

the sewer district connected to the sewer system. Different sections of the

system will be connected at different times, he said.

Some sections are gravity-powered and can be turned on as needed. However,

other sections rely on sewage pumping stations to operate. Mr Hurley said he

expects the areas served by pumping stations to be turned on in sequence. He

estimated that about 50 percent of the sewer system relies on pumping

stations.

It would be too much of a burden on property owners to expect everyone in the

sewer district to connect to it within a relatively short period, said WPCA

member Alan Shepard. Plumbing contractors would take advantage of property

owners' need to connect quickly and would inflate their prices, he noted.

Besides the sewer system's sequencing, winter weather is approaching,

requiring a shutdown period for sewer connections, Mr Hurley said.

The sewage treatment plant is scheduled to be in operation in about two weeks.

Mr Rosenthal urged that the WPCA distribute a "fact sheet" on the costs

associated with sewers, including the deadlines for certain aspects of the

sewering project.

The town will formulate a list of "registered drain layers" who are certified

to make sewer connections, Mr Hurley said. From that list, property owners

will be able to select contractors.

Assessments

Many questions arose August 14 about sewer assessments. About 40 people

attended the hearing.

Mr Alagna repeatedly pointed out that sewer assessments will be the subject of

a September 11 public hearing. Individual hearings, at the property owners'

request, are slated for October.

Residential sewer assessments will be set as a class at $9,900 per unit for

properties in the initial sewer district.

Non-residential sewer assessments will vary in amount. They will be based on

90 percent of the estimated increased property value which access to sewers

creates at a property.

Sewer assessments for non-residential properties range from $2,862 for the

Newtown Cemetery Association at 1 Elm Drive to $541,260 for Joseph T. Kasper,

Jr, for properties at 6 and 8 Queen Street.

The town is building a $34.3-million sewer system to rectify groundwater

pollution problems in Sandy Hook Center, Taunton Pond North and Newtown

Borough.