SEWER CONNECTION POLICY

(Adopted 7/27/89)

POLICY FOR THE CONSIDERATION OF APPLICATIONS FOR SEWER CONNECTIONS TO THE WELLS SANITARY DISTRICT SYSTEM

GENERAL POLICY STATEMENT:

In order for the Wells Sanitary to carry out its purpose of insuring the proper removal and disposal if sewage and wastes and wastewaters within the District, to insure proper operation and  maintenance of the public sewers and sewage treatment plant, and to provide adequate record keeping of sewers, drains, connections and appurtenances thereto, and to generally benefit the health, safety and welfare of the public in dealing with wastewater management:

IT SHALL BE THE POLICY OF THE WELLS SANITARY DISTRICT TO ENCOURAGE ORDINARY CONNECTIONS TO THE PUBLIC SEWER SYSTEM OF THE DISTRICT AND TO DISCOURAGE EXTRAORDINARY CONNECTIONS TO THE PUBLIC SEWER SYSTEM OF THE DISTRICT.

DEFINITIONS:

For purposes of this policy statement, the following terms shall have the meanings set forth below:

ORDINARY BUILDING SEWER CONNECTION: An "ordinary connection" to the sewer system of the Wells Sanitary District shall be one which is accessible (38 M.R.S.A.S1160) to a sanitary sewer of the District and consists of a separate connection (except where these units are connected by a single common vertical stack) by a separate building sewer for every dwelling unit, commercial or industrial establishment, building or other source of wastewater.

EXTRAORDINARY BUILDING SEWER CONNECTION:  When application for new sewer connections are received that do not meet the criteria for an "ordinary connection", above, the application shall be considered to be one for an "extraordinary connection". This would include, nut not be limited to , application  such as those where:

1. The land does not abut an existing sewer line;

2. The building is more than 200 feet from an existing sewer;

3. The connection would involve a private sewer;

4. The connection would require the crossing of land of another, requiring that the applicant acquire easements to cross private or public lands;

5. The connection to or through a building sewer, building sewer lateral or building drain.

PROCEDURE:

The Trustees may delegate certain classes or patterns of applications for connections to be handled administratively by the Superintendent, subject to review by the Trustees upon request of  the Superintendent or the applicant, and subject to the appeal procedure.

See also BUILDING SEWER PROCEDURE.

DECISION CRITERIA:

It shall be presumed that an application for an ordinary connection will be approved by the Superintendent or the Trustees.  If denied by the Superintendent, the applicant may request that the application be considered by the Trustees as on appeal.  If denied by the Trustees, the Trustees shall provide findings of fact and justification for the denial. Such a denial may be appealed to the Superior Court.

It shall be presumed that an application for an extraordinary connection is not in the best interest of the health, safety and welfare of the public.

The Superintendent shall make a preliminary finding  that an application for a sewer connection is for an extraordinary connection and deny the application of refer it to the Trustees.  If denied by the Superintendent, the applicant may request that the application be considered by the Trustees as on appeal.  The applicant has the burden of persuasion, by reasonable and convincing facts and arguments, by showing both:

(a.) that the denial of the application would cause unreasonable hardship,

and

(b.) that the proposed connection would serve the best interests of the public health, safety and welfare in addition to any benefit to the applicant.

The Trustees shall decide each application for ordinary connections or extraordinary connections on a case by case basis.  A decision in any case shall not serve as binding precedent for any other application.

In determining the standards for the "unreasonable hardship" and "best interest of the public" criteria, above, the Trustees may consider, but are not limited to, such factors as the following (not in order of any priority):

The recommendations of the Superintendent and/or the District's engineers:

Whether the connection would serve new of existing development;

Whether there is an existing septic system, its condition, and whether it can be repaired or replaced under existing zoning or other regulations;

The probable effect upon ground water, rivers and streams, and tidal waters;

The extent to which the proposed project will involve pump stations;

 The distance of the proposed project form an existing sewer line;

The size of existing building sewers, building sewer lateral, or building drains;

The number of users to be served by the connection;

 The cost to the District to install or accommodate the connection;

Conformity with the District's master sewer plan;

The projected flow demand of the project and the current reserve capacity of the system;

 The priority of other planned of projected connections;

Whether other planned of probable connections would serve the same lot(s);

The depth of the District's sewer and building sewer;

 The need to acquire easements of other legal rights;

Whether the proposed connection involves a private sewer;

Whether a private sewer is an approved private sewer;

The extent to which approval would put abutting or nearby properties at a disadvantage for future connections;

Potential future cost to the District for maintenance, repair or liability for operating problems such as pumping station replacement, back-up, seepage or spillage  onto other property;

Such other condition or criteria as the Superintendent, the Trustees or the applicant may wish to consider and argue.

FINDING OF FACT, DECISION:

When an application for consideration is denied, the board shall state their findings of fact and decision in writing, and send these to the applicant at the address on the  application, within 10 days of the final decision.