§ 22-8. Administration.

(a) 

The responsibility for complying with the regulations herein stated rests with the owner or lessee or his/her agent of the land involved.

(b) 

Enforcement of these regulations rests with the Director of Health, or an authorized representative, who shall issue permits, make inspections as needed to ensure compliance and, if noncompliance is discovered, take appropriate corrective action, including suspension of approvals or permits that have been issued if the matters related to noncompliance cannot be easily corrected.

(c) 

Any person aggrieved by denial of a permit, denial of any application or by suspension of a permit may appeal the decision of the Director of Health to the New Milford Health Review Panel for an exception and/or the Commissioner of the Connecticut Department of Public Health as per Section 19a-229 of the General Statutes as determined by the particular provision for which an exception is requested. A recommendation for approval of the application or permit, or reinstatement of a permit in accordance with the exception, where applicable, shall be determined by means of an affirmative vote from the majority of the voting members of the Health Review Panel considering the request. The applicant shall demonstrate the following:

(1) 

For lots created after the effective date of this article:

a. 

The matter or condition resulting in denial of an approval or a permit was not created by and remains beyond the control of the applicant and occurred subsequent to approval of the subdivision in which the affected lot is situated; and

b. 

There is no other feasible and prudent means of meeting the requirement specified in this Code; and

c. 

The granting of an exception is unlikely to result in pollution so as to cause a health hazard on the subject property or neighboring properties; and

d. 

The granting of an exception is not inconsistent with the requirements of the Connecticut Public Health Code Technical Standards.

(2) 

For existing lots created before the effective date of this article:

a. 

There is no other feasible and prudent means of meeting the requirement specified in this Code; and

b. 

The granting of an exception is unlikely to result in pollution so as to cause a health hazard on the subject property or neighboring properties; and

c. 

The granting of an exception is not inconsistent with the requirements of the Connecticut Public Health Code Technical Standards.

(d) 

The Panel shall notify the party who requested the exception of its decision in writing within 10 days of the decision. Such notice shall specify the date that such notice is mailed thereon. Any person aggrieved by the action of the Health Review Panel may appeal such action to the superior court within 30 days of the mailing date of the decision. Any appeal of a decision of the Commissioner of the Connecticut Department of Public Health pertaining to an exception within that Department's jurisdiction, however, shall be taken in accordance with the provisions of the General Statutes.

(e) 

The fees for permits shall be determined by the New Milford Town Council and shall be posted in the New Milford Health Department office.

(f) 

All permits to construct a septic system shall be valid for a period of one year from the date of issuance. The permit shall expire upon failure to start construction within that period and obtain a permit to discharge within 18 months. Permits may be renewed for an additional one year period by the Director of Health if a reasonable cause of failure to start construction within a one-year period is demonstrated. The fee for permit renewals is the same as for the original permit issuance. Permit fees are not refundable.

(g) 

The Director of Health shall hereby have the authority to establish any administrative procedures, including, without limitation, inspections pursuant to carrying out the provisions and requirements of this Code and the Connecticut Public Health Code.

Ord. of 9-24-2007