§ 7-255 — Charges. Hearing. Appeal. Payment by municipalities of charges upon specified classification of property or users. Optional payment plans.

Connecticut § 7-255

• Jurisdiction: Connecticut
• Title 7: Municipalities
• Ch. 103: Municipal Sewerage Systems

Text

(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. Such hearing may be conducted in person or by means of electronic equipment. 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 and on the Internet web site of 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 and on the Internet web site of 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: (1) 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, (A) the volume of water discharged to the sewerage system, (B) the type or size of building connected with the sewerage system, (C) the number of plumbing fixtures connected with the sewerage system, (D) the number of persons customarily using the property served by the sewerage system, (E) in the case of commercial or industrial property, the average number of employees and guests using the property, and (F) 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; and (2) for assessment years beginning on or after October 1, 2022, shall not consider the volume of water consumed by the holders of manufacturer permits for beer issued under subsection (b) of section 30-16 in establishing or revising charges to such holders for 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 amended from time to time. (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 .

Legislative History

(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; June Sp. Sess. P.A. 21-2, S. 164; P.A. 22-23, S. 1; 22-56, S. 9.) 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; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding provisions specifying a hearing may be conducted in person or by means of electronic equipment and requiring publication of notice of hearing and established or new charges on municipal Internet web site, and Subsec. (b) by making a technical change; P.A. 22-23 made technical changes in Subsecs. (a) and (c); P.A. 22-56 amended Subsec. (a) by designating existing provisions re factors to consider in establishing or revising charges as new Subdiv. (1), redesignating existing Subdivs. (1) to (6) as Subdivs. (1)(A) to (F), adding new Subdiv. (2) re holders of manufacturer permits for beer issued under Sec. 30-16(b), and making conforming changes, effective October 1, 2022, and applicable to assessment years commencing on or after October 1, 2022. Assessment of charges for sewer connection not limited exclusively to statute; special act provisions effective. 160 C. 446. Cited. 171 C. 74; 213 C. 112; 216 C. 436; 220 C. 18; 231 C. 344.