Rule Changes Adopted March 22, 2017

Amendments adopted March, 2017 to Section 5.6 and 7.31 and addition of Section 7.3.3 and Section 7.3.4 and addition of Section A-4.0 to the Technical Standards of the Brookfield Sewer Use Rules and Regulations

a) Amend Section 5.6 (to increase the actuarial periods reducing the amount of escrow required) to read as follows:

5.6 PERMANENT MAINTENANCE AGREEMENT:

Prior to approval of a community sewerage system, the Applicant shall provide a fully executed Permanent Management, Maintenance and Escrow Agreement acceptable to the Authority ensuring the prompt and proper management, maintenance, repair and replacement of such community sewerage system. Such Agreement shall provide for a cash depreciation escrow account of actuarial adequacy as hereafter provided to be established with the Authority, or if the system is to be owned by a property owner’s association pursuant to Section 5.2.2 of these Regulations, with the Association, to fund 100% of the replacement cost of such community sewerage system. Such cash depreciation escrow account shall be funded with an initial cash deposit in an amount to be established by the Authority which amount shall be not less than ten percent (10%) of the estimated installed cost of all mechanical, electrical and pump equipment plus not less than two percent (2%) of the estimated installed cost of all other system components; and shall be further funded in an amount equal to one hundred percent (100%) of the replacement cost of such system, as adjusted as deemed appropriate by the Authority, for changes in the cost of equipment, materials and construction, within the time or times specified by the Authority but within not more than one hundred (100) years for sewer pipe, manholes, wet wells, valve chambers and clean outs, within not more than fifteen (15) years for pumps, electrical and mechanical equipment, and within not more than fifty (50) years for force mains, and other incidental types of non-mechanical equipment. Funding of the full replacement value shall be accomplished through annual budgeting by the property owners or the property owner’s association until the full replacement value of each component has been accomplished. The existence of such cash depreciation escrow serves to protect the Town of Brookfield and shall not relieve the Applicant or its successors of separately funding operating, maintenance and depreciation expense of such community sewerage system.For any Permanent Maintenance Agreement involving a community sewerage system in which the cash depreciation escrow account is held by a property owner’s association, the Agreement shall require annual accounting of funds deposited into such escrow and of the amount on hand, shall prohibit any expenditure of funds held in escrow in excess of $5,000 in any calendar year without Authority approval, and shall provide the Authority with all of the rights and remedies specified in Section 7-246f(b) of the Connecticut General Statutes.

At the expense of the Applicant, the Authority shall record the Permanent Management, Maintenance and Escrow Agreement on the land records of the Town of Brookfield for the purposes of informing existing or future property owners of liability for future management, maintenance and depreciation escrow expense.

The Applicant shall provide the Authority with copies of all proposed manufacturer equipment warranties, contractor warranties and necessary easements in a form satisfactory to the Authority Attorney before commencing any work on the community sewerage system. The Applicant shall provide the Authority with complete “As-Built” plans and elevations of the system within thirty (30) days following the completion of such work and if the system is to be owned and managed by a property owner’s association in accordance with Section 5.2.2 of these Regulations, all documents evidencing satisfaction of the requirements of Section 5.2.2 In addition, as a condition of approval, the Applicant, within thirty (30) days of billing, shall be required to reimburse the Authority for all expenses incurred by the Authority in the administration of the project and for engineering and legal review, document preparation, analysis and inspections.

a) Amend Section 7.31 to correct dates concerning Capital Cost Recovery Connection Charges to read as follows:

7.3.1 APPLICABILITY.

A two percent (2%) Capital Cost Recovery Connection Charge (2% Connection Charge) heretofore established by the Authority shall be applied in each sewer district following the expiration of that district’s benefit assessment installment payment plan program. Such Capital Cost Recovery Connection Charge is currently applicable to properties located in the White Turkey/Candlewood Lake Road Sewer Area and the Southwest Sewer Area, including Commerce Road. The 2% Connection Charge will be applicable to the Federal Road Sewer Area on June 1, 2021, the Center School Sewer Area on June 1, 2017 and to the Three Condominium Sewer Area on June 1, 2030. These dates are subject to change should the expiration of the Benefit Assessment installment payment plan program change for a Sewer Area. Additional Sewer Areas, added to the Brookfield system, from time to time, may also be subject to a 2% Capital Cost recovery Connection Charge at the expiration of that Sewer Area’s Benefit Assessment installment payment plan program.

Such Connection Charge shall equal two percent (2%) of the connecting property’s assessed value on the most recently completed Grand List of the Town of Brookfield. In accordance with the Authority’s customary practice applicable to supplemental Benefit Assessments, such Connection Charge shall be reduced to reflect any Benefit Assessment or Connection Charge previously levied and paid with respect to such property in accordance with the following procedure:

Split out and determine the land value and the building and improvement value from the Grand List assessment applicable to the original Benefit Assessment and any subsequent supplemental Benefit Assessments.
Split out and determine the land value and the building value from the current Grand List Assessment.
Remove the land from the current Grand List Assessment valuation.
Subtract the original building valuation for assessment purposes from the current building valuation. Items such as parking lots, light poles/fixtures, site drainage, unoccupied storage buildings should be excluded, but attached appurtenances to occupied buildings should be included. Assessment penalties should be excluded.
Assess the Connection Charge at 2% of the resulting amount.
In the case of a new building being added to the property, the Connection Charge is applied to the value of the new building only, since the property owner has already paid a Benefit Assessment for the land and the existing building(s).

The Authority’s intent is to collect the 2% Connection Charge on the value of the new building improvements, but not to collect for land and improvements for which an Assessment, supplemental Benefit Assessment or connection charge has previously been imposed and paid. As such, no new Connection Charge is collected on the value of the land as that was previously covered with the original assessment. And by netting out the original/supplemental building/improvement value from the current building/improvement value, the property owner is not paying twice for that portion of the new improvements covered by the original Benefit Assessment.

The Authority may determine, fix and charge such other capital cost recovery connection charges from time to time as it deems appropriate.

To add a new Section 7.3.3 concerning Capital Cost Recovery Connection Charges

(NEW – italics)

Section 7.3.3 Failure Only Capital Cost Recovery Connection Charges

When a property contains more than one principal use and such uses are housed in more than one principal building, and when fewer than all of principal buildings are connected to the municipal sewer, and when the primary reason for making such connection is to abate or mitigate an existing or threatened pollution problem, including a failed septic system, the capital cost recovery connection charge shall be determined by reference to the total assessed value of the land, the assessed value of the principal building(s) actually connected to the sewer and the assessed value of any structures or other improvements accessory to such principal building(s). If other buildings on that property are subsequently connected to the municipal sewer, additional capital cost recovery connection charge(s) shall be levied based on the applicable assessed value of the additional building(s) so connected.

In those cases where the primary reason for making such connection is to abate or mitigate an existing or threatened pollution problem, including a failed septic system, and where such connection charge exceeds $50,000, the Authority, on a case by case basis, may extend the payment period otherwise applicable to such connection charge for a period of up to five (5) additional years.

To add a new Section 7.3.4 concerning recalculation of Capital Cost Recovery Connection Charges

(NEW – italics)

Section 7.3.4 Recalculation of Capital Cost Recovery Connection Charges

For all capital cost recovery connection charges for which a deferred payment plan under Section 7.3.2 of the Sewer Use Rules and Regulations is in effect or for which an extended payment plan is in effect under Section 7.3.4 of the Sewer Use Rules and Regulations or under its predecessor, the Resolution of December 16, 2009, the following look back rule shall apply: Not later than May 1st of each year, the Authority shall recalculate the original capital cost recovery connection charge based upon the then current mechanisms and procedures for calculating capital cost recovery connection charges and based upon the then current land and building assessment values. If such recalculation results in a lower calculated capital cost recovery connection charge, the difference between the original connection charge and the recalculated connection charge shall be abated or otherwise credited to the property owner’s existing liability in partial or full discharge of the capital cost recovery connection charge liability, and any future billings during the remaining term of the payment plan shall be based upon the then reduced amount.

To amend the Technical Specifications by adding a new Section A-4.0 Community Sewerage System – Owner Inspection and Maintenance Requirements

(NEW – italics)

Section A-4.0 Community Sewerage System – Inspection and Maintenance Requirements

Inspections and Maintenance: All community sewerage systems shall be maintained in proper working and operating condition by the property owner and as may specially be required by the Authority. For systems with pump stations, the property owner shall provide for the regular cleaning of wet wells to eliminate odors; the protection and cleaning of float switches from grease and debris; the inspection, and if necessary, the repair, of all electrical equipment, including alarms, by a licensed electrician at least once every two years; and the removal and inspection of the pump(s) at least once a year for wear and seal leakage, and the repair thereof as necessary. Pump station operation and performance, discharge pump rates and pump speed, and pump suction and discharge pressures shall be evaluated as part of the annual pump station inspection. Force mains shall be inspected at least once every two years to ensure normal function and to identify potential problems. Special attention should be given to the integrity of the force main surface and pipeline connections, unusual noise, vibration, pipe and pipe joint leakage and displacement. Where the force main discharges to a sewer manhole, inspection of the manhole for potential manhole erosion shall be made. For gravity systems and for gravity sewer components, the property owner shall provide at a minimum for the routine inspection (by appropriate means) of all system components (pipes and manholes) and operations at least once every two years to a) identify defects in the system that may contribute to or cause pollution, infiltration or system failure; and b) identify maintenance, rehabilitation and replacement tasks and requirements for planning and budgetary purposes. At least once in every twenty-five (25) years, the owner shall cause properly qualified personnel to clean and thereafter inspect all gravity sewer by closed circuit television or other visual means approved by the Authority. A written record of all inspection activity and findings shall be maintained by the owner and provided to the Authority on not less than an annual basis.

All work involving the repair or replacement of sewer pipe, force main, manholes and pump station equipment shall conform to the requirements of the Sewer Use Rules and Regulations. Prior to performing any such work, the property owner or contractor shall give the Authority notice of same and shall apply for and receive any necessary permits. Authority personnel shall have the right to inspect all such work during and after execution for compliance with the requirements of these Sewer Use Rules and Regulations.