1. www.shipmangoodwin.com HARTFORD | STAMFORD | WASHINGTON, DC | GREENWICH | LAKEVILLE Connecticut Association of Water Pollution Control Authorities, Inc. Spring Workshop and Annual Meeting Friday, May 11, 2012

2. www.shipmangoodwin.com Regulating Decentralized Sewage Systems Robert Scully, PE Department of Public Health (DPH) Dennis Greci, PE Department of Energy & Environmental Protection (DEEP) John Wertam, Esq. Shipman & Goodwin LLP

3. www.shipmangoodwin.com Decentralized Sewage System (DSS) Management (Robert Scully) 1.Types of Decentralized Sewage Systems (DSSs): Septic Systems, Alternative Treatment (AT) Systems, Community Sewerage Systems 2.DSS permitting: DEEP, DPH, Local DOH, WPCA 3.DPH Septic Codes, Standards, and Code Advisory Committee 4.DSS Management: 13 management components based on EPA Guidance

4. www.shipmangoodwin.com Decentralized Sewage System (DSS) Management (cont.) 5.Septic System and AT System Management 6.Local DSS management programs 7.Misc.: C & D plan comments, Sewer need assessments, FOG haulers, Tight sewer pipe & separation to water supply wells

5. www.shipmangoodwin.com State Facility Planning and Permitting (Dennis Greci) 1.The Facility Plan for areas without sewer systems. 2.Clean Water Fund and the Clean Water Report -- follow the money? 3.Permitting systems over 5,000 gallons per day, and any system with “advanced treatment.”

6. www.shipmangoodwin.com Combining the Two Jurisdictions: Playing Together in the Leach Field Sand Box (John Wertam) 1.Development of Decentralized Wastewater Management Programs. 2.Regulatory challenges and jurisdictional overlap. 3.Development of a decentralized wastewater management ordinance-sailing between Scylla and Charybdis. 4.AT System delegation. 5.Community Sewer Systems and Agreements.

7. www.shipmangoodwin.com A Sample Wastewater Management District Operation of Ordinance Key: = Property Owner= General Step – no assignment = WPCA= Director of Health/ Sanitarian Non Water Proximity Lot Water Proximity Lot (no initial investigation required) Interior Lot – Property Owner applies for WWMD permit Lot Identified in Due Course cont.

8. www.shipmangoodwin.com Key: = Property Owner= General Step – no assignment = WPCA= Director of Health/ Sanitarian cont. Property Owner applies to DOH for discharge and WWMD Permit Initial Investigation Occurs Lot requires upgrade to PHC/Upgrade Program, but not AT Director of Health issues order to abandon existing system WPCA Issues order to install AT system WPCA Investigation Initial Investigation of Lot occurs and Lot is an AT Lot Lot determined to comply with Health Code and Upgrade Standards; Permit issued by Director of Health

9. www.shipmangoodwin.com Key: = Property Owner= General Step – no assignment = WPCA= Director of Health/ Sanitarian cont. Renewal in 5 years Order Issued by Director of Health AT Permit Application Property Owner implements DPH Order Design system Finance Hire contractor Contractor applies for permit to construct Contractor certifies work is complete to Director of Health Property owner requests final inspection Property Owner implements WPCA Upgrade Design system Finance Hire contractor Contractor applies for permit to construct Contractor certifies work is complete to Director of Health & WPCA Property owner requests final inspection Or WPCA Constructs system using clean water funding as selected by owner Or WPCA Constructs system using clean water funding as selected by owner

10. www.shipmangoodwin.com Key: = Property Owner= General Step – no assignment = WPCA= Director of Health/ Sanitarian Construction Inspection occurs by Director of Health Property Owner certifies O&M contract in place General Oversight WPCA General Oversight by WPCA Renewal in 5 years Inspection of System in accordance with upgrade standards WPCA Issues AT Permit SSDS Permit issued by Director of Health