Sec. 7-246f. Community sewerage systems.
Sec. 7-246f. Community sewerage systems. (a) Any municipal water pollution
control authority may ensure the effective management of a community sewerage system as defined in section 7-245 and not owned by a municipality by requiring that
the system be owned and managed as provided in this subsection. The ownership and
management of the system shall meet the following requirements: (1) The owners of
all properties served by the system shall be members of a property owners' association
which is organized and operated in accordance with chapter 602 and which shall exist
as long as any property is served by the system; (2) the association shall have the authority
and the responsibility to operate, maintain, repair and improve the system in accordance
with all applicable requirements, and in a manner which will prevent pollution of the
waters of the state. Such association shall have the power to borrow money to finance
such activities, and to defray the cost of such activities by levying assessments against
the properties served by the system. Any such unpaid assessment shall constitute a lien
upon the property against which such assessment was levied. Each such lien may be
continued, recorded and released in the manner provided by the general statutes for
continuing, recording and releasing property tax liens, and such lien may be foreclosed
in the same manner as a lien for property taxes, but shall not be construed to have any
greater priority than any ordinary lien upon such property; (3) all of the properties to
be served by the system, and all other land upon which is located any part of the system,
shall be owned in fee or shall be subject to a long-term leasehold or to a system of
perpetual easements, held by the association or by the members thereof. Such title or
easements shall be sufficient to allow such properties to be served by the system and to
allow the association to operate, maintain, repair and improve the system as required
under subdivision (2) of this subsection; (4) such association shall assure the availability
of funds that are of actuarial adequacy for the continued operation, maintenance, repair
and improvement of the system without pollution of the waters of the state, and (5)
prior to any discharge to the system, the following requirements shall be met: (A) The
association shall be created and a document or documents establishing its duties and
powers as provided in this section shall be filed on the land records of the municipality
in which the system and properties to be served thereby are located; (B) the system shall
be owned by the association as provided in this section and rights of a mortgagee or
similar interest in the system shall be subordinated to the ownership of association; (C)
the association shall obtain a permit to discharge as provided by section 22a-430, and
(D) the association shall certify to the water pollution control authority and the building
official of the municipality that a permit to discharge has been obtained.
(b) If the association owning a community sewerage system fails to take any action
in accordance with requirements of subsection (a) of this section, the municipal water
pollution control authority may take any such action on behalf of the association or any
other action within the powers granted to such authority which is necessary to ensure
the effective operation of the system and to prevent pollution of the waters of the state.
For the purposes of this section, the authority shall have the right to enter upon the
properties and land subject to subdivision (3) of subsection (a) of this section. Except
where delay would result in pollution of the waters of the state, no such action shall be
taken unless the association has been given written notice ten days prior to any such
proposed action, and has been afforded an opportunity to be heard on such proposed
action. A municipal water pollution control authority may recover the cost of taking
any action pursuant to this subsection by levying assessments, in the manner described in
section 7-249, or charges, in the manner described in section 7-255, against the properties
served by the system. Control over the operation, maintenance, repair and improvement
of the system shall be returned to the association, or to a successor thereto, upon provision
to the municipal water pollution control authority of adequate assurances that the requirements of subsection (a) of this section will be met, providing that nothing contained
in this subsection shall limit the powers conferred on municipal water pollution control
authorities by section 7-247. Should the system be designed or intended to serve additional properties that subsequently are to be subject to subsection (a) of this section,
such properties and the owner or owners thereof shall be subject to the provisions of
this section in the same manner as were the properties held by the association or the
members thereof.
(c) Certification by a municipal water pollution control authority to the Commissioner of Environmental Protection, in a form satisfactory to the commissioner, that it
will require a community sewerage system not owned by the municipality to be owned
and managed in accordance with the provisions of subsections (a) and (b) of this section
shall be sufficient for the municipal water pollution control authority to establish that
it will ensure effective management of such system as required by subsection (b) of
section 7-246, provided that nothing contained in this section shall limit the power and
duties conferred on the Commissioner of Environmental Protection by sections 22a-427 to 22a-438, inclusive.
(P.A. 81-331; P.A. 96-256, S. 170, 209; P.A. 07-217, S. 19.)
History: P.A. 96-256 amended Subsec. (a) to replace reference to Ch. 600 with Ch. 602, effective January 1, 1997; P.A.
07-217 made technical changes in Subsec. (b), effective July 12, 2007.