860 424 4074 P. 03/30

(-.. " .

DEP /PERD

STATE UJ.' l.UNNEl.TICUTDEPARTMENT OF ENVIRONMENTAL PROTECTION

10:41

OFFICE OF ADJUDICATIONS

INTHEMA1TEROF APPLICATION NO. 200500302 '

DON8IS, LLC JANARY 4, 2006

PROPOSED FINAL DECISION

SUMMAY

Donsis LLC (applicant) has fied an application with the Deparent ofEnvionmenta Proteÿtion (DEP) for a wate dischage pet in connection with proposed sewage treatment an dispsa system to sere the applicat's residentialdevelopment Gener Statutes 22a-430. The Commssioner has made a tentavedetertion tht the proposed syem to treat the dischare would protec the water

the stae from pollution. 22a-430(b). Regs., Conn. State Agencies 22á-430-4(l)(4)(E).

The pares to ths prceg are the applicat and DEP Bureau of Water, Manageent, Penittg and Enforceent Division (stff. The -pares have submitted

the attached Agreed Draf Decision for consideration as my proposed final decisioIl inths matter. Stáffhas prepared a draft pert that would authorize ths discharge, whichis appended to this agreement (Attchment I. Ths dr pert incorporates specialters and conditionsincluding the requirements for inpecion, monitoring

maintenance of the treatment system and quarerly grundwater monitorig down

gradient of the treatment system area. Monitorig reults must be rerted to the DEPthe Stamford Water Pollution Control Authority and the loca health deparent.

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Public conuents on the application were reved durng a heang on October20; 2005, at the Goverent Ceter Building in Stamford. Written public commentswere received at and after the heang. The public, including the heang pettionerexpressed concern about the over- intensive development of the site and the futureHabilty of the Cîty of Staford in the eVént of syste failure on this site, which islocated in an area that has been identified for sewer avoidance. These matter

implicatethe City s responsibilities or ar local zoning issues and , therefore; are outside thejursdcton of the DEP and the scope of my authority. However, I note that Pargrph(0) of Section I of the dr permt provides: " Nothg in th$ pert shall relieve thepettee of other obligatio under applicable federl , state and local law.

Publio speer and wrtten comments also posed quesions about the role of theState of Conneccut Deparent of Public Heath (DPH) in the review of thisapplication. DPH ha indicaed that it has reviewed the application that is the subjec these proceedngs and that it intends to revew and comment on a complete set of theapplicat; s development pla when they are issued

I fid that the applicaon complies with all relevan states and reguations. TheAgreed Draft Deci3ioh, as supplemented her satsfactoriy conveys the fidigs fact and conclusions of law necessa to suport ths conclusion. I adopt ths AgeedDraf Decision as pår of my proposed fial decsion and recom1end issUáce of thedrft pet.

On Octo 26, 2005, I entcm into the he rerd 1m April 22, 2005 lett to the app1i<:t frm DPH,Sou Wate Protetion Unil Th letter notes tht DPH Dr Water Division ha reviewed theproject and provide th çplicant with regulations under DPH juriction that ar relevant to th project.(E. APP-17.) On Noveber 102005, 1 received post-heang, wrttn comments ñ:om DPH, whchindicate tht th Drnk Water Division has reviewe all penet aplication matcrs. and intèds towork with the City an reew an comment on the fma developent plan puruant to its authrity underGen Statutes fi2S-32f. (1is letter is a public documem mi part of the Offce of Adjudicatiol1 docketfile in th matt.

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DECISION

ADDrIIONAL FINDINGS OF FACT

I have reviewed the record public comments and the Agree Draft Decision. [adopt the fiding of fact set for in the Agreed Draft Deision and make the followingadditiona fidigs of fact.

28. The DEP requied the applicant to demonstrate that wastewaters genered the propose sysem wil be tred to at leat drig water standar to comply withthe water qualty stadards for the site grundwater c1asfiëation of GAA, and for the

pollutts assoated with domestic sewage, which include bactera, vies , nitrogen andphosphorus. , The DEP als reui tht the applicat demonse th the systems weresized on the bass of consative design flow and designed in accrdace with acceptedenginee priciples. (Ex. DEP-6; tes. J. Zmjewski)

29: The pert; issued for a perod often yea, wi reui ongoing monitori,and mait ce of al of the components of the trtment and dispoal system for thelife of the pert. Th will include aU necsar meaur to enure tht the tratmc.system wil operte with the pent lits. Varous components of the system will bemonitored anuay, quarerly or durg septic ta pump-ut as apppriate and reportswil be fied with the DEP and the Staford Director of Heath Ground water

monitorig will also be reui wells wi be intaled and tested quarerly. Results groundwater analyses will be reprted to the DEP, the Stamford Water P Ilution ControlAuthority f\CA)and the Staford Direcor of Heath. Required reguar maintenancewi inélude. proceures such as system inpections, leachg' field inpections, . andperodic pumping of the ta. (Ex. DEP-4.

30. Ongoing maintence of communty septic systems such as th proposed :bythe app1ica is delegated to thl. locl 'water pollution contrl authority, which tyically

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enters into an agrement with the developer and/or succr homeowner association.In a Januar 17 2005 letter the WPCA confed its review of the applicat'preliminar maagement plan and proposed agrent. The leter states that "subject . .. concurrence fTom the Deparment of Legal Affairs, this letter consitues ' wrtten

confirmation' of our approval of the preliminar management plan and agrent whichappears to contain suffcient lega authority and financial resour to insure effectiveoperation, maintenance and repair of the proposed communty septic system." In March 24, 2005 letter to the WPCA, the City of Staford Offce of Legal Affir notetht with the incorporation of several revisions, ''the Agreeent is safactory in formand content for its intended use." (Exs. APP-4, 8.

31. Exenive field testig was conducted on the site including soil an bedck

chaterzation grundwater flow rate and direon and potential ground watermounding. The applicat' s proposed tratment syem was reviewed by four professional

consltig fis. including an independent pee revew by WMC Engieêr reted

the City. The propose system was also reviewed by DEP sta and two loca agencies.

The results of these revews wer that the anyses and estited quaties of domesticwa.ewater dischaed to the syste were conserve and the proposed trtIent was

designed to protec the water of the state. GrWld water was detenined to flow tothe eat, not south toward abuttg properes. (Exs. APP-2, 7, 11 - 15.

CONCLUSION

In addition to the conclusions set fort in the Agree Draf Decision, I find that

the applicat' s proposed trtment system was thoroughy revewed and evaluated. Thererd demonstrates that the prposed system ha bee designed such that it adequately trt the domestic wasewater dischges in a maner tht will protec thewater of the state ftom pollution. In addition, the applicat is under a duty to complywith the ters and conditions of the peit The penit terms and conditions arconsistent with all reevant statutes and regulations, and the goals and policies of the

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state s water quality stadards. Furter, the ongoing monitoring and maintenance of thetem and associated costs will be managed by the loca WPCA thereby ensung the

fue integrty of the system.

RECOMMENDATION

I recmmend that the applicat be reuied to submit constrcton plans and

specifications for the subsurace sewage treatment and dispsal syst and tht theCommissioner authorie the Water Management Burau to review such plans and

spifiCátions. I fuer recmmend that once it has been verfied that the system has

been coustrcted in accrdance with the approved plan and specifications, the

Commssioner issue the water discharge pennt

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STATE OF CONNECTICUTDEC2 0 2005

WATE MAGEMEN BUREAUDEPARTMNT OF ENVONMNTAL PROTECTION

OFFCE OF ADJUDICATIONS

In the Matter of Application No. 200500302

Donsis, LLC December 14;2005

AGREED DRA DECISION

FIINGS OF FACT

Takg into consideration and giving due regard to all of the substatial evidencè

in the record, I make the followig ftndigs of fact:

A. Procedurl RistoQ'

1. On December 8 2004, afer several meetings with representatives of Dons is,

LLC (the "Applicant") and review of the prelimi design of the septic systems, the

Connectcut Deparent of Envionmental Protetion ("CTDEP") issued a letter of "tecbnical

feasibilty" for the proposed waste water treaent facilty (Exhibit l).

2. On Februar 142005 , the CTDEP received a fonn l application from the

Applicant dated Februar 3.. 2005 for a permt to discharge to the waters of the state, puruat

Conn Gen Stat 22a-430 (the '<Act") (the "Application ). (Exhibit APP-2). '. _

3. Notice of the Application was published on Februar 14; 2005 (Exhibit APP-

3).

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CTDEP staff made a tentative deteination to approve the Application and issue a permit to

4. Following a technical review ofthe Application and aU supplemental material

discharge. On June 3, 2005 the Commissioner published notice of its Tentative Determination

issue a permit to discharge to the Applicant (Exhibit DEP-I).

5. On June 24, 2005 after receiving a petition signed by more than 25 personsrequesting a hearg (DEP-2) the CTDEP Sta submitt a reues for a hearng to the Offce ofAdjudications. On August 10, 2005, the Offce of Adjudications set a heang date of October20, 2005 and a Pre- heang conference date of eptember 28, 2005.

6. On September 28, 2005 a Pre-hearng Conference was held at which parties submitted reecve lists of issues, witnesses and proposed exhibits. There being objection, all of the pares proposed exhibits wer admitted into the record in this matter. The

dae for the site visit and hearg was confrmed for October 20, 2005 at 4:00 p.m. and 7:00 p.respectively.

7. Heang Offcer Del1amargio conducte the site visit as scheduled. AIl pareswer represented at the site visit. Mr. Joseph Codespoti attended the site visit on behaf of thepetitioners. The public heag was held on October 20,2005 at 7:00 p.m. as pubÌicly noticed.The pares , petitioners and members of the genera pubHc offered oral and wrtten testìmony.

Mar Lacer, P. E offered tesmony on beha of the Applícat. Ms. Jennifer Perr ZmijewskiE. offere testiony on behalf of the DEP. Mr. Robe Weway, P.E. offered testìmonyon

behalf òfthe petitionee. No other professiona.l testimony was offered.

B. Project Overvew

8. The Applicant proposes to develop a planned community of twenty-four (24)homes to be built on 74 acres which wì1 have a pool house pool and tennis court, a gatehouse

JAN-05-2006 10: 43 DEP /PERD 860 424 4074 10/30

and varous passive recreational features. (APP-, Testimony Mr. Mark Lancor. P. ) . A total

of twenty-five (25) acres wil be deeded as open space. (APP-, DYMAR Report p. 3-1) A

public water supply systm and the conventional on-site cqmmunity sewage disposal systems,

labeled as the South System, Central System and Nort System, wil serve the project. (APP-

DYMA Report p. 3-1) The South System wil serve thirteen homes. The Central system wî1

serve four homes, the pool house and the Gate House. The Nortb System wil seIVe seven

homes. (APP-I7, TestionyM. Lacor)

C. Subject Site

9. The subject site is comprised of74 acres located at 191-193 Erskie Road in

the City of staford Connecticut. Currently four residences exist on the property, which is

served by individual septic systems and on-site wens. (APP-2. Stearns & Wheler Report , p.

There is no sewer system available to the project. (ExhbitAPP-, Attachment U) Other

stnctul amenities include a swimming pool, tennis cour and large detached maintenance

garge. (APP-, Steams & Wheler Report pI) All the residences share a common paved access

way, which extends west frm Erskine Road approximately 600 feet. until it changes diection to

-the nort and join the fi individual drveway. (APP-, Stears & Wheler Report p.

10. Existing onsite wetland aras were delineated by Environmental Planning

Servces of West Harord in August. 1997. (Exhibit APP-, Steams & Wheler Report

Appendix A)' This work Wa. conducted in accordance with the requirements of the Connecticut

Inland Wetlands and Wateroures Act.

11. The site is located in the Mianus River Watershed, at a distance of

approximately 3- 1/2 miles from the main brach of the Mianus River, whicb has a surface water

classification of AA. (APP-2, Steams & Wheler, p. 2) This classifica.tion represents the outlet of

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a public water supply watershed (APP-, Steam & Wheler, p 2) Approximately 10 acre of

the propert, which will remain undeveloped, drains towards the Bargh Reservoir. (APP-Stear & Wheler, p. 2) The remaining 64 acres drin towards the east branch of the Mianus

River. The groundwater classification for the site is GAAs, which represents groundwater that is

trbutar to a public water supply watershed. Both the surface and groundwater classifications

for the site Were obtained from the Connecticut DEP Water Quality Classification Map for the

Housatonic River, Hudson River and Southwest Coastal Basins adopted April 7, 1997. ( APP-Steams & Wheler, p.

12. The water quity stadards set objectives for existing and fut'lre water

quality and establish a progrm based on a system of groundwater classifications to implement

these objectives. (DEP-, Preface, p. i). The proposed system must be designed so that effuent

trom the leaching field wil meet water quality standads prior to contacting any "point of

concern " (POC), which may be a body of water, well, propert line or other featu detered

by the DEP to requi protection trom pollution. (DEP-ll, pages 60-61)

13. The neaest POC in this instace is the wetand to the south of the proposed

South and North System and the propert line for the Central System. (APP-2, Stears &

Wheler, p. 10; DYM Report pp. 5-

D. Septic SYSem Design

14. The DEP evaluates both the hydrulic capacity and the pollutat renovation

capacity of a proposed site and disposal system. An appliCánt must be able to demonstrte that a

selected site will be large enough to install a disposal system and tht the system s 10catÎon and

extent adequately addrses both capacÎty thesholds. (DEP-, p. I) The site must have

hydraulic capacity to move effuent below the ground for a sufcient distance to also meet

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treatment crteria. which are based on the water quality stadads and applicable DEP

regulations. The DEP also reqs a pollution renovation analysis that addrses bacteria and

vir removal, nitrgen reduction and the removal of phosphorus that is not natuly occurrng.

(APP-2, DYMAR p5-6) The soils must be able to move the effuent underground in the

naturally occurrg soils, when utiHzíng conventional disposal practices, for at least 21 days; the

trvel time necsar to allow the dísposal system to successfuly renovate bacteria from the

waste stream. (APP - 2 DYMA p. 5-6) The DEP requir that a minmum of two feet of

vertcal separting distace be provided between the leaching strctue and the mounded

seasona high water table to renovate, in p bacteria and viruses. (APP - . Stears & Wheler

Report, p. 9) Soils at the site must be able to accept the design flow dìscharge without premature

breaout, and must be able to absorb at least six month of the phosphate discharged. from the

effluent of the disposal system that is not naturally occurng in the soiL Total nitrgen

concetrtions must be diluted to Omgl or less at the point of concern and prior to it leaving

the site. (APP - 2 , Stears & Wheler Report p. 10; DYMAR Report p. 1-

1. Hydraulic Ca,Racitv - South Centrl ánd North Systems

15. The findings ofDYM' s stdies suggest the averge water consumption

generated for three and four bedroom households, with a Jacuzzi andJr pool, conservatively

rage from 324 to 366 gallons per day. This would equate to a water consumption rate of 430

gallons per day for a 5-bedoom household. (APP-, DYMR Report p. 1-

16. The design sewage genertion flow rate is proposed at a factor of safety of

5 times the average estimated water consumption rate, or 645 gallons per day per household, or_

129 gallons per day per bedrom. DYM used a conservative design sewage generation flow

rate of 130 galons per day per bedoom. (APP-2, DYMR Report p. 1-

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17. In-situ load testing was conducted over a three-month period to deteIline

the hydrulic capacity of the leaching field locations. The load tast results demonstre a soil

hydrulic capacity of approximately 13, I 00 gallons per day for the South System. The proposed

collecion system win discharge a maximum daily flow of 8,450 gallons of effluent per day.

(APP- 7 Testimony M. Lacor)

18. The proposed Central and North System aras are located and sized

conservatively for the soils in-situ hydrulic capacity, bas on the load test results. The

necessar hydraulic capacities, including fift percent hydraulic reserve, are 5 655 gallons per

day and 7,410 gallons per day_ (APP , Testimony M. Lacor , Pi 8) The maximum daily design

sewage flow proposed for the Centrl and Nort system areas are 3t770 gallons per day and

940 gallons per dáy, respecvely. (APP2, DYMA Reprt P 3-

19. The three areas together, South, Centr and Nort have a total hydraulic

caacity of 26,200 to 27 700 gallons per day. (APP- 17, Testimony M. UmCQf p. 8) The actu

proposed tota dischage to the thee leachig fields is estimated at a maximum daily flow

17,160 gallons per day. (APP-17, Testimony M. Lancor, p.

2. South SYStem Design

20. The area proposed for the leachig field is approximately 115 feet by 160

fee and is located in the southeast comer of the prope. (APP-2, Stears & Wheler , Executive

Summm) One thousand five hundred and eighty (1,580) linear feet of 16 inch high double row

infiltrtors are reuired in a confguration of 10 rows. (APP-, Steas & Wheler, Executive

Summar) In addition, approximately four feet of seleot septic fill material is proposed that

includes a two foot provision of seleot fill between the maximum mounding height and the

JAN-05-2006 10: 44 DEP /PERD 860 424 4074

bottom of the leaching system, plus approximately two feet for the height of the infitrtors and

then six inches minimum of topsoil. (APP-, Stea & Wheler, Executive Summar) The

remaining material required for sloping and grding wil be clea fin , with toe of fill outside

reguated wetland and watercourse bufers. The area is of suffcient size to accommodate the

proposed system and the site has the capacity to move effuent below ground, in the natually

occurg soils, for a suffcient distace, to satisfy the regulatory penntting criteria without

breakout. Furtherore , a 50% safety factor is provided separtely for both the soil' s hydrulic

capacity as well as for the design flows and sizing the disposal system (APP-2, Steams &

Wheler, p. 7; DYMAR p.

21. In term, of renovation of pollutats , the estiated fina concentration

nitrogen, at the poe , is 9. mg/l which is less th the drg water stadard of 10 mg/I.

(APP-2, Stea & Wheler, pp. 11-12) The six month production of phosphate will be absorbed

with approximtely the fit four feet of the system. (APP-2, Steams & Wheler, p. 13) The

distace required for thee week trvel tie for bacteria die-off is approximately 77 feet. Since

the downtrea wetlands and propert line are much further from the edge of the system than the

above distaces , the pollutats are properly renovated before leaving thè site or reachig any

POCo (APP-, Stear & Wheler. p. 13) The proposed stonn water infiltrtion basin is also

located beyond the thee week bacteria travel time distance. (APP-2. Steas & Wheler p. 13)

3. Centrl System And Nort System Desìgn

22. The proposed collection and treatmènt system has been designed in

compliance with the CTDEP pennit requirements for community waste water systems. (APP-

DYMAR, p. 15) The proposed Centrl and North System areas are located and sized

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conservatively for the soil's in-situ hydraulic capacity based on the results of the load tests.

(APP-, DY p. 1-5) The pollutant renovation analysis demonstrtes that there are no

advere impacts expected from pollutants regulated by the CTDEP under its water quality

standards. (APP-2, DYMAR, p. 1-5) Furthermore, a 50% safety factor is provided separately

for both the soil's hydraulîc ca.pacity as well as for the design flows and sizing the disposaJ

syste. (APP-, D p. 1-5) The proposal is based on a conventional system approach

without the need for advance treatment. (APP-. DYMAR p. 5-

23. The system constrction wil allow trnch spacing at twelve feet on center

which provides a six foot wide ar bC?een the rows-. Latera separtion between rows is fourto five feet The proposed lengt of trench to be provided for the Centra] and Nort System

area is 750 feet and 900 feet, respectively. (APP-, DYM p. 5-5) The systems wil meet

the requirement of a two-foot vertcal separation between the bottom of the disposal strctres

and the mounded seaonal groundwater tale. (APP-, DYM pp. 4-2, 4-3) These ar

of sufcient size to accmmodte the proposed sytem and the sites have the caacity to move

effuent below ground for a suffcient distace without breakout. (APP-2. DYMR, p. 5-6 to 5-

10)

24. The Central System will provide a bacteria travel tie of 75 days which

greater than the stada requid of21 days. (APP-. DYM p. 5-7) Nitrte nitrogen will

be diluted to 7.2 miligrms per liter, which is les than the stada allowed of 10 milligrms

per liter. (APP-2, DYMAR, p. 5-7) The system wil absorb 652.5 month of phosphorous

which is grter than the stadard of six months. (APP-, DYMR. p. 5-8)

25. The North system wiil provide a bacteria travel time of 28 days, which

greater th the stadar of 21 days. (APP-, DYM p. 5-7) The system wil dilute nitrte

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nitrogen to 9.1 miligrams per liter, which is less than the standar of 10 miligrs per liter.

(APP-. DYMR, p. 5-8) The system wil absorb 392months of phosphorous, which excees

the stada of six month. (APP-, DYMA p. 5-

E. Operation And Maintenance Agreement

26. Section 7-246f of the Connecticut General Statutes, re<;uires municipalities

to ensure the effective maagement of community septic systems. Pursuat to this statute, a '

Water Pollution Control Authority may either manage a communty septic syste by contrct or

examine the fiancial and mana.gement strctue of any private entity wlißh wil own such a

system. Ths allows the muncipality to deterine whether the owner of the sysem will have the

resources to own and operate the septic system. An Operation and Management Plan (the

Plan wil be enforced under the requÌrements of the Connecticut General Starotes. (Exhbit

APP-IO) The Plan wil reuir the opering stadards necessar to effectively servce the

project and to satify the reuirements of the discharge pennt The Plan also provides fuds for

the maitence , repa. and replacement 'of all thee sysms. (Exhbit App. #4, 7, 8, and 10).

27. The permit and the Plan wi1 reqir ongoing maintenance of all components

of the trtment and disposal system. Groundwater monitorig will be required.

F: Proposed Conclusions Of Law And Decision

Before any person may discharge any substace into ,the wåters of the state they

must obta a permit from the Commissioner purst to the provisions of.Section 22a-430 of

the Connecticut General Statutes. No such perit ca 00 issued wfess the Cormissioner

determines tht " the proposed system to treat such discharge wil protect the waters ofthestáte,

from pollution . Section 22a-430(b). The Commissioner may estáblish appròprlate procedures,

criteria and stádads for detennining if a discharge would ca.use pollution to the. waters of the

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state and if a proposed treatment system is adequate to protect the waterS of the state from

pollution. Section 22a-430(b). See, R. , Sections 22a-430-1 though 22a-430-

The Commissioner must also consider whether the proposed discharge would consistent with the standard set forth in the DEP Water quality standards CWQS). Section 218-430-4(I)(4)(E). The Applicat' s property is classified as GMs. The WQS specifically

authorize certin discharges into Class AA groundwater as long as such discharg pose no theatto pollution of groundwater. The WQS and the applicable setions of the Public Health Code setstadards for the quality of the discharge and, in this case, the wastewater generated by the

propose facilties will be treated to drnkg water standas at the nearest water body or

propert line.

The Applicat propòses to treat and dispose of approximately 17 160 gallons per

day of domestc effuent to the groundwater within the watershed of the Mianus River. The

Applicat ha demonstrted tht the site wi accmmodate the proposed systems an will

trsport the treated effuent for suffcient distce below groud without suacing or breakoutso the bacteria wil be removed before the effluent reaches a POCo Tbe design of the leah field

wm elimate vires frm the effuent before it reaches a POCo The soils of the conscted fillsystem will absorb at leas six months ofphosphoru concentrtion and nitrogen will be trted

to acceptale concentrtiòn levels.

The proposed treatment and disposál system will protect the waters of the stte

from pollution. The system will satisfy the treatment goals of the WQS. The design of the

propos trent and disposal system is suoh that effuent tÌm the leach field wí1 meet

dring water quality stadards prior to contacting any POCo The permit wil require ongoing

monitorig and regular maintenance to enure that this trtment and disposal sysem operates

10-

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within the limits of the permit. The evidence presented by the Applicant and supported by DEP

Sta demonstres tht any discharge wil not theaten the Mianus River or its watehed.

The selection of the teaching area was made followig extensive soil testig and

evaluation. These engineered systems a.re an acceptable method for sewage treatment and

disposal. They wil be monitored and maintained to ensure that they wiJJ f'Unction as planned

and permitted.

Ths application for a water discharge permit meets all relevant statutory and

regulatory criteria and water quality standads. The proposed sewage trèatment and disposal

system will treat the discharge and protect the waters of the state from pollution.

G. Agreement

Based on the foregoing, the underigned hereby agree that the Commissioner

authorie staff to reuire the applicant to submit plan and specifications of the proposed system

and such adtional inormation as may be requid to ensure protecton of the waters of the state

)1-

JAN-05-2006 10: 46 DEP /PERD 860 424 4074 19/30

from pollution. and to review and approve the proposed system to treat the discharge. Once such

system has been instaUed in full compliance with the approval the Commissioner shal authorize

staff to prepare dischårge pennit for her signatue.

man

vile Roadch, cr 06831401213

THE CONNCTICUT DEP

DirtorBuru of Water ManagementPemttg and EnforcementDivision

JAN-05-2006 10: 46 DEP /PERD 860 424 4074

CERTIFICATE OF SERVICE

This is to certify tht a copy of the foregoing has been mailed first class, postage

prepaid this 14th day of December, 2005 to the following:

(Via Hand delivery)Jennifer Perr ZmijewskiBurau of Water ManagementPermittg and Enforcement Division79 Elm StreetHarord, CT 06106-5127

Hil, Esq.Gleaon, Hil & Ambrette, LLCAttorneys at law23 Old Kings Highway

O. Box 1267Daren, CT 068201267

13-

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10:46 DEP/PERD 860 424 4074

STATE OF CONNKCTIL:UTDEPARTMENT OF ENVIRONMENTAL PROTECTION

!)(HI81T

UICPERM

P. 21/30

issued to

Donsis , LLCC/o National Realty & Development Corporation3 Manatnvile Roa4Purchase" NY 10577

LocatÎon Address:191-193 Erse RoadStaford CT 06903

Facilty ID: 135 - 425 Pernût UO: 000019 Permit Expires:

Watershed: MimlUs River Basin Code: 7407

(A) Ths perm is isd in accodace with Sectionand sèon22a430 of Chpter 44 ConnctitState Agencies ("RCSA") adopted theuder

e F del Sae Dri Water Act 42 use et. seq,es ("CGS"), and ReguQJ1 of Conncticut

SECTION 1: GENERA PROVISIONS

(B) Donis u., (" Pennttee ), sth RCSA which have been adopt th pe Your atton W(6), ú"(8), ü)9)(C), (j(11)(C)" D),

(a)Dction(b )Ge(c)Incton an Entr(d)Bfect of a Perm(e)Du(f)Pro Option and Maìtee(g)Sluge Dissa(h)Du to Mitite(i)FacUt Modition; Notication(j)MOIrig, Records an Report ReelJI1ts(k)BypQ)Cnd01 Applicable to POTWs(m)EfD Limtion violations (Upsts)(n)EDt(Q) Consation(P)Spil Prntion and Control(q)Intaon, AJan, Flow Recorer(r)Equiztion

PER VI 0000419

I I' rint.:d un Kl...yd tI P"pcr 7'1 HIm Strc llilrlr,'nL CT OC1It1C> - 51:!?

till f:"u,iI O"/',.rllllO." Emll",y,

JAN-05-2006 10: 46 DEP /PERD 860 424 4074 P. 22/30

22a-430-4 Prcedurs and Crtera

(a)Du to Apply(b )Dut to Reply(c)Ap1ion Requits(d)l>li Review(e )Tentativc DeteI1tion(t)Dtft Perts, Fact Sheets(gPublic Notice Notice of Hearing(b)Public Conts(i)Fin DcttionO)Pulic (k)Subn ofPj, an Specifcaons. Approval(l)EsbIig E-fluent Lûntntions and Cotions(m)C by Cae Determtions(n)PéIt isce or renew(o)Pcr Trafer(p )Per reoction, de or modicaonq)Varcc(r)Snd T tm Rets{s)Tr Rèqts for Met (t)Dis to POTWs - Probibitio

Any fase st in any iDoffen un seon 22-43853a-157 of th cas.

in th pemù ma sujec th pe l' . injuntions anor forf pur

(C) Violations of any oftbe condtions or ent act inlud bu no lied to, IÌapplicale seon of th CGS and RCS

(D) . s pet may be pun1è as a crlrda 'Wth secon 22-6, un lion

(E the Commione sha be consed to COtitu by th pee puua to th pet wi ret

(F) Th authrition to dìha un th pet may not be trfer withou ptor wrtt apval of

Çomm. To ret 5Uh aprova th petæ an pp trfe sh re suprotr wi th Co$-$ 1onc, at leat 30 days pror to th trf\t bemi legay responsible forcmÓI tnta an dihae: whch is the sujtct of th pet trfer. Fai, by th tre, to obta the

mm!:ion s apal pror to co such ils) may sujec th trf to enrcacon for di 'Wthout a pert put to applible seOJ of th CGS an RCSA.

(G) Noth in th t sh reliev th pett of oth obligation uner applicable feer , stte and loclaw.

(H An aIua fe shll be pad for each ye th pe is Ü1 "treet as se fort in section 22a-4301 of th

Rctîon ofCo1lcut State Agencies.

(I Th pc sh wi seen days of the isce of ths pemùt, rerd on th lan reord of th Town StOI a d inti th lotion of th zone of inuen cred by th subject diha. reflecte in the aplition for this permt. Th Applicant sba obtaÙ1 th Commsioner's wrtten apprl such documt befor redi

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(J) The penntt $bt, witb seven days of th isuace of th penn record a copy thereof on the tand records, in th Town of Staord.

(K) Th pemûttd dichage is consistent with the applicable goa and policies of the ConnCXticut CoastaManagement Act (section 22a-92 of the Connecticut Genera Statutes).

SECTION 2: DEFIITIONS

(A) The defitions of th te usd in this permt shal be th sae as the defitions contained in secton 22a423of th CGS an section 22a-430-3(a) and 22a430-6 of ti RCS

(B) In addn to th above the followi defitions shall apply to ths permt:

Quy", in the context of a salig frequeny, shal mean samli is requir in the months Febnw, May, Augu and Nov êì.

3 ti pe ye , in th context of a maintence ftequency, shall mean the maintee lIt be

peo1' at lèa 3 ti dug the: perod of May to November.

SECTON 3: COMMSIONER' S DECION

(B)

(C)

(A) Th Commsion of Envioum PtOte tiodermon an fOU th the sys i1 the stte ftm pollon. The Commssones d isioisuace reived on Febru 142005 anapplication.

er "the Commsioner) ha ma a fiof the dihage, wil prote th wa

d on appUcation # 200500302 fo petestaIíhed in the procesin of tht

Th Commioner herby authoacorda wi th provions ofCommsine or hi auri pe.

160 gallons per day of dome sewage inaplication, an al appmvw is by th

acties auori by, oras wi th

Th Cosioner re th right to reons to th pe in order to esblih anyaprorite effuen ümtins schedules 0 lice , or otlerplv:on whih may be authori Widerth 'Federal Safe Dri Water Act or th Conneccu Ge State or regutions adopte therder , æsam Th pemùtas moed or renewe undû pagmphmaywo contain any othrrequi1: ofthe Federa Safe Dr Wate Act or Conncu Gen Statutes or reguatons adpte thereèr whichare thn applicale.

SECTION 4:EFFLUET LIATIONS AN MONIORIG REQUIMES

(A) The use of sewge adities. as defi in secton 22a-460(g) of the Generl Smtute, ar prw"bitcduness suh adtive ,js regitere with the Cosion in accordance with Section 22a-462-3 of theReguations ofComæcu State Agencies. Th Commsier in no way cees the saet or eftenes ofany addtiv . Th pe e sha include in th public offer st COmiuminttnt

atdreguation adopte purua thto, and y mageme agr for th facity th requt'tht no sewage sy addve sh be used in th $ubject trtm sy uness such addve is regiered 'with the CoD1ònèr, in accordce with secon 22-462.3 of th Retions ofCoIlct Statt Agencies.

(B) Oils greæses, inustral Of commrcial wates, toxic chemca, waes trom wate tra1Int sÿtems; or other .substances, tht W111 adverely affect the opetion of the suace sewge treatment and disposal system, or

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whch may pollute gr wate, shan not be diha to the subsurce sege trtm an disasyte The pet1 sht ìnludc in th public offer sttet. condmi ints , an ml andretions adte punt thto , an any ma agrmet for co1I 8e $} theret tht no oils, gres indutrl or coml wates toic chca wa ft wasyms or oth li tht will advCTly afcct the optÎ of th subsuace sewage trtran syste or which may pollut grun water sha be d:baed to the subsurce sewge trtlnt an disalsystem.

(C) The permtte s. as tht groltdwater afected by the subject dÎbae sh conform to the ConncutWater Quaty Sta.

A: limts imsed ÖÐ th dies lited in th petta effcct on the isuae date of th pe any sale ta àÍ ths date whch, upn anlys, shows an excèee ofpemt 1its wi be consdlln-cmpli.

(D)

'J monito rcnts of th pet begi on th date ofîssnace of th pe if th is da is or bdore th 12th da of a month For pets issued on or af th 13th'day of a month morig:rui begi th 1$t day of the followi month

(E) Th dì sb no exce an sha oter coor to spfic teon an condtion fi below. di b an ha be re' ac wi th ta! bet0$ at re ow.

\ .

Dio Se No. 301-2, 302-2, 303- lMo on 8Waste De Doc sewge """ '\ '\ Mo LoonDcQ1St sa syAvee Day Flw: 11 ' ..

)... u Fl 17 160 ga01 pe day

Th tIfåtishbemo "' in ace with th foll sce:",,

'" '- LEB

mSPECTON. M ONI ORIG. or MAANCE DISCHAGE:SERI NO. FRUECY

Mcca in of pu 3022 :Mecct inon of se ta bacs 301-2,02.2,303- Du puutMecca fn of setic ta ef fite 301-2,02-2.303+2 Du puutCl sepc ta ef fite 301-2..302-2,03- Du puutVis inon of dittí-Otion 301-2,302.2,303-VJS iD oføf cotion ..1tfngfields 301-2,302-2,303- QuyDepth ofstc in se ta 301- 302..2,303-2 Du Wate tÞ re of wate usge 301.2,02-2,303-2Tes 11 of 302-Pu ou se 301-2,302-2;303- AnÿPu out pum cl 302-2 AnyPu out cyoverow ta 302- Any.

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Depth of po in leachfeld I 301-302- 303- I QulyMow gr ove leacbfeld I 301-2,302-2,303- I 3 ti per yearNOTE;

The Swnord Sanan shan be notied at least one week prior to pumin of setic t: andgrease trs. crcatiQß of a. pum out shAn be attched to the monitori report aud a copyof the reuor sha be sent to the Staord Director of Health

(G The permee sh perform the followig grund water monitorig in accorce with the monitori plaapproved by th Commioner. The reqt tht the monitori plan be performd sh be includ in thePulic Ofer Statement, C?ndomium Bylaws, and th rues and regulations adopted ther.

TABLE CGROUNDWATE ONIORIG

DISCHARGESElNO. 301A, 301B ORIGLOCATION: 302 A, 302 B303 A, 303 B

GROUN WATE MONIORIG WELL NO' : Downdicnmonitori wellas na on AS BUIT

PARTER SALE TYENCY OFLJNG

QueryQUAerlyQualyQulyQuerlyQulyQulyQuyQuerly

Cotion: Ftc

Grun Depth

Nitrgen AmNitgen Nitr

Nitrogen NitrteNitrogen TQtd Kjel<:Nitogen Totâ

Phospboro. Tota

lntaeous

GrbGrbGrb

GrbIntata

Grb

SECTON 5; SAMLE COLLECTION, HAUNG and ANALYTICAL TECHQUE AN REORTIGREQUIMENT

(A) Th rests of chcal anysis aud trtmt faciltis monitori requd by Setion 4 sh be enre () thDisge Monitori Rert (DMR), prvide by th offce, au reported to the Water Magemt Bureau.at th foll0W addrs, by th end of th mont fonowi th moth in which the sales are taen

Buru of Water Mangemt (Att DMR Proceing)COtUticut Dept QfEnvinmnta Protection79 El StretHaror,.CT 06106-S127

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(B) Copies of aU DMR shl be submittd cot1Utntly to thè tocl Water Pollution Contrl Autri (hinfterWPA"

(C) Copies of <tll DMR shll be submitted concurently to the loca Health Dent.

Th pemlt is hereby issued on the

GMfjpGi McCayCossíoner

cc: Staord Heath Dept.StaoroWater Pollution Contrl AWhorityDYM Cotp.

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DATA TRCKIG AN TECHCAL FACT SHET

PERM #:rnOO00419 APPLICATION #:200500302DEPIWC#: 135 - 425

DISCHAGER NAM AN ADDRESS DATA

Permttu. Donsis, LLC

Mailng Addres: Location Addres:

Street: C/o National Reaty & Development Corporation Strt: 191-193 Erskie Road3 Manattenvie Road

City: Staord St CT Zip: City: Puchase

Contact Name:

30 YEARL-

E CATEGRI

POINQ 018#

NPDESQ PRETQ GROUN ATEC).o GROUN WATER (OTHR)Ll

MAORQ SIGNJCAN MJORí. MIORrn

COMPLIACE SCHDUL YE NO _

POLLUTON PREVENTIONO TRATM RBQUIMELL WATE ÇQNSERVATIONO

PER STES 0 WATER QUAIREQUIMEO REMBDIA TIaNO òTH

OWNRSHI CODE

PrivateiX Federl!. Statefj Municipal(town only)fj Other publiè!.

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me PERM INFORMTION

Tota Wells.. Well Type _5Wll

PJfRMT FEES

DISCHARGE CODE 312000a REPREENTING DSN 301-2 thru 303-2 ANNAL FEE $ 885.

DEP STAF ENGINER/ANALYST Jener Pel Zmijewski

P:ERMT TYE

NewíK Reissuace ModifcationQ Subsection-eO

NATU OF BUSINS GERATIG DISCRGE

Plaed J:identi co consistg of2 , a communty reon ceter and guar

DSN 301-2 reents the su ' s sa! syste loca on the southeren of the site proposed to ser e 'gn flow of8 450 gallons per day.DSN 302-2 rereents the subsu disposa syte on the ce1r porton the site, prposed to sere 2S bed buildig and the gu house with a desgnflow , DS pe day.DSN 303-2 rereents the subsu se ent and disal syem locted on the norter

porton of the site, proposed to see 38 bedms with a design flow of 4,940 gallons per day.

REOURCE USEn TO DRA PERM

Perormce Stada

Federl Effuent Limtation Gudeline 40FRnae of category

Tretailty Maua

Feder Developent Doentnae of category

Deparent File Inonntion

Connecticut Wate Qulity Stadads

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Anti-degron Policy

Coa.ta Management Con$istency Revew Form

Other - Exlai

GENERA COMMNTS

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PARTY LIST

Proposed Final Decsion In the matter of Dons is, LLCApplication No. 200500302

PARTY

The ApplicatDonsis, LLC

----------"*----

Deoarent of Environmenta Protection

Bureau of Water Management79 Elm StreetHarord , CT 06106

REPRESENTED

John W. Caavio, Esq.Cumgs & LockwoodFour Staford Plaza107 Elm Street

O. Box 120Stamford, CT 06904

John D. Freeman, Esq.263 Glenville Road

O. Box 2606'GrenwiCh, CT 06836

------------ ----- ---------------------

Jenifer Per Zmijewski

860 424 4074 P. 30/30

TnTAI P. :'1/