OLD LYME — The Connecticut Department of Energy and Environmental Protection told town leaders on Friday that the recent vote to reject installing sewers does not release the town from its obligation to address water pollution on the shoreline. The state agency said it expected to enter into a consent order with Old Lyme to formalize a corrective plan of action.
In a letter to First Selectwoman Martha Shoemaker, dated Dec. 19, Graham Stevens, chief of DEEP’s Bureau of Water Protection and Land Reuse, wrote that the agency was disappointed by the referendum outcome. The letter noted that the department had not previously pursued formal enforcement against the town, as it had done with private beach associations, due to Old Lyme’s willingness to work cooperatively to implement the project.
“State waters are a public trust and the department takes our commitment to protect water quality very seriously,” Stevens said. “For over 10 years, the department has been working with the town and private associations to address the documented community pollution problem through the construction of individual and shared sanitary sewerage systems.”
Stevens said that the referendum vote does not release the town from its responsibility to resolve what the state considers a pollution problem caused by septic systems in the densely populated beach area.
“The department strongly advises the town to identify its next steps to address this pollution problem,” Stevens wrote. “As part of the consideration on next steps, the department emphasizes that past studies of the pollution have noted that sewers are the most viable, long-term solution.”
DEEP said the town could have another opportunity to rejoin the shared sewer project if it moves quickly, and that the agency remains willing to work toward that end.
“We hope to work cooperatively with the town in order to assure progress towards a corrective action plan,” the letter states. “Upon reaching consensus on a path forward, the department expects to enter into a consent order with the town to memorialize the plan and its implementation.”
A consent order would formalize a legally binding compromise between the agency and the town, which may include timelines and penalties for noncompliance.
The letter was forwarded to CT Examiner by Water Pollution Control Authority chair Steve Cinami.
Cinami, who supported the project, warned before the vote that rejecting it could lead to costly legal battles.
The proposed project would have installed sewer systems in Sound View and Area B, two town neighborhoods with about 210 properties, along with three private beach associations — Old Lyme Shores, Old Colony and Miami Beach. With a combined budget of $85 million, Selectman Jim Lampos described it as the largest project in town history.
A large number of residents of the Sound View and Area B strongly opposed the project, concerned about its cost and questioning the lack of pollution data in the area.
The beach area sewer project, pushed by DEEP, was intended to address the high density of houses and septic systems along the shoreline. The state agency offered to cover half the cost through grants and forgivable loans.
In his letter, Stevens clarified that the state plans to move forward with the private beach associations regardless of Old Lyme’s participation.
“The department will continue to support the associations’ partnership and pursuit of the sewer project to implement their long-term solution, including immediate deployment of the $15 million additional funding for the shared sewer project,” Stevens wrote.
Of the 1,288 residents who voted Tuesday, 72% voted against expanding the budget to $20.5 million, marking a reversal from a 2019 referendum when voters approved a $9.5 million budget for the project.