Wastewater treatment facilities, such as sewers and sewage treatment facilities are critical, but often overlooked, elements of municipal infrastructure and commercial and industrial development. Our firm has significant experience with addressing the myriad issues related to these facilities for both public and private clients. On the public side, we help municipalities fight or comply with orders from the Department of Energy and Environmental Protection, obtain necessary permits, assist with financing and construction, help formulate revenue programs to pay for projects, and draft regulations for the operation and management of wastewater treatment facilities. For our private clients we negotiate fair terms for connections to and use of sewers and when necessary, seek court relief from unfair benefit assessments, denied access or excessive costs.
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Representative Matters
- Assisted municipality in establishing a Water Pollution Control Authority, drafted sewer regulations and coordinated the acquisition of a privately constructed sewer line, negotiated an intermunicipal agreement for wastewater treatment plant capacity and drafted contracts for the operation and maintenance of the sewer system. Helped the WPCA establish benefit assessments and user charges.
- Served as special counsel to a municipal WPCA and provide legal advice related to establishing capacity fees, updating the facilities plan, and processing applications for connecting to the sewer system.
- Represented a municipal WPCA in arbitration over an intermunicipal agreement and a dispute over the opponents claim to our client’s reserve funds.
- Represented a municipal WPCA in consolidated appeals of the WPCA’s establishment of benefit assessment and connection fees for an expanded sewer system.
- Assisted developers in obtaining revisions to the State of Connecticut Office of Policy and Management’s State Plan of Conservation and Development to allow the extension of sewers to serve private development projects.
- Negotiated financial assurance agreements with WPCAs on behalf of residential property owners and developers served by community sewerage systems as required to obtain DEP construction and discharge permits.
