Sec. 7-255. Charges. Hearing. Appeal. Payment by municipalities of charges upon specified classification of property or users. Optional payment plans.
Sec. 7-255. Charges. Hearing. Appeal. Payment by municipalities of charges
upon specified classification of property or users. Optional payment plans. (a) The
water pollution control authority may establish and revise fair and reasonable charges
for connection with and for the use of a sewerage system. The owner of property against
which any such connection or use charge is levied shall be liable for the payment thereof.
Municipally-owned and other tax-exempt property which uses the sewerage system
shall be subject to such charges under the same conditions as are the owners of other
property, but nothing herein shall be deemed to authorize the levying of any property tax
by any municipality against any property exempt by the general statutes from property
taxation. No charge for connection with or for the use of a sewerage system shall be
established or revised until after a public hearing before the water pollution control
authority at which the owner of property against which the charges are to be levied shall
have an opportunity to be heard concerning the proposed charges. Notice of the time,
place and purpose of such hearing shall be published at least ten days before the date
thereof in a newspaper having a general circulation in the municipality. A copy of the
proposed charges shall be on file in the office of the clerk of the municipality and available for inspection by the public for at least ten days before the date of such hearing.
When the water pollution control authority has established or revised such charges, it
shall file a copy thereof in the office of the clerk of the municipality and, not later than
five days after such filing, shall cause the same to be published in a newspaper having
a general circulation in the municipality. Such publication shall state the date on which
such charges were filed and the time and manner of paying such charges and shall state
that any appeals from such charges must be taken within twenty-one days after such
filing. In establishing or revising such charges the water pollution control authority may
classify the property connected or to be connected with the sewer system and the users
of such system, including categories of industrial users, and may give consideration to
any factors relating to the kind, quality or extent of use of any such property or classification of property or users including, but not limited to, (1) the volume of water discharged
to the sewerage system, (2) the type or size of building connected with the sewerage
system, (3) the number of plumbing fixtures connected with the sewerage system, (4)
the number of persons customarily using the property served by the sewerage system,
(5) in the case of commercial or industrial property, the average number of employees
and guests using the property and (6) the quality and character of the material discharged
into the sewerage system. The water pollution control authority may establish minimum
charges for connection with and for the use of a sewerage system. Any person aggrieved
by any charge for connection with or for the use of a sewerage system may appeal to
the superior court for the judicial district wherein the municipality is located and shall
bring any such appeal to a return day of said court not less than twelve or more than
thirty days after service thereof. The judgment of the court shall be final.
(b) Any municipality may, by ordinance, provide for the payment to the water pollution control authority by such municipality of the whole or a portion of such charges
for specified classifications of property or users, provided such classifications are established by the water pollution control authority in accordance with the provisions of
subsection (a) of this section and meet the requirements of the federal Water Pollution
Control Act Amendments of 1972, P.L. 92-500, as from time to time amended.
(c) Any municipality may, by ordinance, provide for optional methods of payment
of sewer use charges to the water pollution control authority by (1) elderly taxpayers
who are eligible for tax relief under the provisions of section 12-129b, section 12-170aa
or a plan of tax relief for elderly taxpayers provided by such municipality in accordance
with section 12-129n or (2) any taxpayer under the age of sixty-five who is eligible for
tax relief under the provisions of a plan for tax relief provided by such municipality in
accordance with subdivision (2) of section 12-129n.
(1949 Rev., S. 744; 1949, S. 322d; 1971, P.A. 179, S. 2; P.A. 75-600, S. 2; P.A. 76-436, S. 286, 681; P.A. 78-154, S.
12; 78-280, S. 1, 127; P.A. 82-472, S. 16, 183; P.A. 83-513, S. 5; P.A. 91-98, S. 2, 3.)
History: 1971 act changed return day to a day not less than 12 or more than 30 days after service-previously it was the
"next" or "next but one" return day; P.A. 75-600 permitted classifications of users of system as well as classifications of
property, changed alphabetic subdivision indicators to numeric ones and added Subsec. (b) re payments by municipality
for charges to specified classifications of property or users; P.A. 76-436 substituted superior court for court of common
pleas, effective July 1, 1978; P.A. 78-154 substituted water pollution control authority for sewer authority; P.A. 78-280
deleted reference to "county"; P.A. 82-472 deleted obsolete reference to county as venue for superior court; P.A. 83-513
provided that notice should be in a newspaper having a "general" circulation in the municipality; P.A. 91-98 added Subsec.
(c) re optional payment plans, effective July 1, 1991, and applicable to assessment years commencing on and after October
1, 1991.
Assessment of charges for sewer connection not limited exclusively to statute; special act provisions effective. 160 C.
446. Cited. 171 C. 74. Cited. 213 C. 112. Cited. 231 C. 344.
Subsec. (a):
Cited. 216 C. 436. Cited. 220 C. 18.