Connecticut DEEP Orders
OLSBA Consent Order (2012)
The 2012 CT DEEP Consent Order (CO-WR-MU-12-002) requires the Old Lyme Shores Beach Association (OLSBA) to resolve widespread septic failures and community pollution by abandoning on-site systems and connecting to the regional sewer system serving Old Lyme and New London. Due to dense development, shallow bedrock, and rapid-draining soils, on-site wastewater treatment is infeasible. OLSBA must retain engineers, obtain approvals, design/construct sanitary sewers, and complete remediation by June 30, 2016 (later extended to December 31, 2018 via 2016 letter). Quarterly progress reports are required; non-compliance may trigger penalties.
Parties:
- CT DEEP
- Old Lyme Shores Beach
Town Administrative Order (2015)
This 2015 CT DEEP Administrative Order finds widespread failing septic systems in Old Lyme’s dense beach communities, causing pollution of groundwater, surface water, and Long Island Sound due to small lots, high water tables, shallow bedrock, and unsuitable soils. It requires the Town of Old Lyme to finalize a wastewater facilities plan, obtain approvals, design/construct sewer extensions (conveying to East Lyme system for treatment), and complete abatement. Timelines mandate planning submissions, progress reports, and implementation and non-compliance risks penalties or further enforcement
Parties:
- CT DEEP
- Town of Old Lyme
Unified Consent Order (2018)
This 2018 CT DEEP Unified Consent Order (replacing prior individual orders) addresses ongoing community pollution from widespread failing septic systems in Old Lyme Shores Beach Association, Old Colony Beach Club Association, and Miami Beach Association due to dense development and unsuitable soils/conditions. It requires the three associations to jointly implement the 2015-approved regional sewer plan: gravity collection systems, shared pump station, and force main conveying waste to New London’s treatment plant via East Lyme/Waterford.
Parties:
- CT DEEP
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
Cost Sharing Agreement
Cost Sharing Agreement (2016)
This 2016 Cost-Sharing Agreement governs the design, construction, funding, operation, and maintenance of a shared wastewater system. Costs are allocated based on equivalent dwelling units (EDUs) per Exhibit B.
It forms a committee for oversight, outlines dispute resolution via negotiation or arbitration, and sets a 21-year initial term, with provisions for easements, refunds, and termination. Exhibits include project plans and schedules
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
Cost Sharing Agreement (2020)
The 2020 version is an addendum that adds the Town of Old Lyme as a party, with the town agreeing to reimburse associations for pro-rata shares of incurred costs (per Exhibit C), finance its proportionate share of easements (per Exhibit D), and enter intermunicipal agreements for sewer flow with New London and East Lyme.
It also updates Exhibit A project plans to February 2020 and includes the full original CSA as Exhibit E. Cost apportionment (per Exhibit B) remains based on EDUs among associations, with town’s share focused on easements and infrastructure.
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- Town of Old Lyme
Cost Sharing Agreement (2025) ***DRAFT***
The 2025 version is an amended and restated full agreement that integrates the 2020 addendum (which added the Town of Old Lyme subject to conditions precedent), confirms those conditions are met with no outstanding Town obligations, and updates for changes in DEEP’s Clean Water Fund administration. The initial term remains 21 years post-completion.
Key updates include:
- Clearer distinctions between Shared Components and Internal Facilities
- Town coverage of Soundview and Miscellaneous Area B; Special provisions for 9 Miscellaneous Area B homes connecting to associations’ facilities with Town annual assessments
- Old Colony’s sole administration of shared funds while parties pay shares directly to the State
- A four-member Construction Committee
- O&M costs shifting to metered flow-based allocation after two years
- Sispute resolution via negotiation, then arbitration, and
- Revised Exhibit A (plans) plus Exhibit D (deeds)
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- Town of Old Lyme
East Lyme Agreement (2018)
This agreement facilitates the connection of sewage systems from three beach associations—Miami, Old Lyme Shores, and Old Colony—to the East Lyme Sewerage System. The associations will design, fund, and construct a connecting sewer main at their expense, install flow meters, and pay $537,852.75 for conveyance capacity over 20 years with 2% interest. They share ongoing maintenance costs based on measured flow percentages and must comply with state/federal regulations, while East Lyme oversees operations.
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- Town of East Lyme
East Lyme Amendment (2022)
The 2022 Amendment adds the Town of Old Lyme and its Water Pollution Control Authority as parties to the 2018 sewer connection agreement. It allows Old Lyme to convey up to 50,000 gal/day of sewerage from external areas, subtracted from the beach associations’ 180,000 gal/day reserve. Old Lyme is treated as a fourth “beach association” with proportionate rights/obligations under the agreement and a 2020 Cost-Sharing Agreement. Updates include notice addresses and revised exhibits for capacities, costs, conveyance charges, and payment schedules.
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- Town of Old Lyme
- Town of East Lyme
New London Agreement
New London Agreement (2018)
This agreement establishes the City of New London’s provision of sewage treatment services to Old Lyme beach associations for up to 120,000 gallons daily, with options for additional capacity. It covers variable treatment costs, initial connection fees of about $1.44 million, shared plant capital expenses, billing terms, a 20-year duration, termination conditions, indemnification, and dispute resolution via mediation or court.
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- City of New London
New London Agreement (2021)
The 2021 document is an amendment to the 2018 agreement. Key changes include:
- Parties: Added the Town of Old Lyme as a party.
- Capacity: Increased maximum daily flow from 120,000 gallons (all for beach associations) to 170,000 gallons (120,000 for beach associations + 50,000 for Old Lyme). Added joint option to reserve up to 130,000 additional gallons for future needs (increments of 1,000, minimum 25,000).
- Connection Fees: Beach associations’ fee remains ~$1.44 million (minus $10,000 earnest). Added Old Lyme’s fee of $642,049 (consisting of $652,049 base minus $10,000 earnest, plus $47,883 late join fee).
- Capital Expenses: Beach associations pay 1.2% of annual plant costs; Old Lyme pays 0.5%.
- Timelines: Construction must commence within 18 months of amendment. Payments begin September 1, 2023, or when flow starts. Agreement terminates if no flow by September 1, 2023.
- Term: Starts upon flow commencement (vs. signing date in 2018).
- Other: Old Lyme reimburses City’s attorney fees for amendment preparation. Minor additions on sewage source restrictions and electronic flow monitoring.
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- Town of Old Lyme
- City of New London
New London Agreement (2024)
The 2024 document is a second amendment to the agreement. Key changes from the 2021 version include:
- Date and Timelines: Updated effective date to August 2024. Payments now commence September 1, 2028 (vs. 2023), or upon flow start. Agreement terminates if no capacity utilization by September 1, 2028 (vs. 2023), absent negotiated extension for delays not attributable to the beach associations or Old Lyme. Construction must commence within 18 months of this amendment.
- Connection Fees: Increased for beach associations to $1,585,140 ($1,575,140 after $10,000 earnest deduction) from ~$1.44 million. Increased for Old Lyme to $712,819.17 ($702,819.17 after deduction) from $652,049 + $47,883 late fee. Fees payable over 20 years with 2.625% annual compounded interest (interest rate newly specified); quarterly billing with 1.5% monthly late fees.
- Treatment Costs: Current rate specified at $2.50 per 1,000 gallons (may adjust). Old Colony Beach Club Association now explicitly receives bills and coordinates payments from all parties, including Old Lyme (joint/several liability retained).
- Capital Expenses: Added requirement for separate capital accounts with initial minimum balances ($40,000 for beach associations, $16,667 for Old Lyme), escalating 2% annually for inflation; invested by City with prorated income credits.
- Capacity Reservation Option: Added one-time fees to extend the option in later years: $0 (years 1-5), $5,000 (6-10), $10,000 (11-15), $15,000 (16-20).
- Source of Sewage: Added that parties agree not to unreasonably deny adding communities; for new additions, interest rates based on reasonable historic rates from January 1, 2024. Explicitly limits to domestic sewage with typical parameters.
- Electronic Flow Signal: Calibration now bi-annual (vs. unspecified).
- Termination: Added that City termination requires majority City Council vote after advisory recommendation from Water & Water Pollution Control Authority.
- Other: Old Lyme reimburses City attorney fees up to $2,500 (previously uncapped). Force majeure now explicitly includes epidemics/pandemics. Minor additions to indemnification, dispute resolution (mandatory mediation before court; jury trial waiver), and standard clauses.
Parties:
- Miami Beach
- Old Colony Beach
- Old Lyme Shores Beach
- Town of Old Lyme
- City of New London