With Clock Ticking on Danbury Rd. Project Approval and Raising an ASML Question, Wilton’s Water Pollution Control Authority Debates New Policies for Managing Sewer Limits

In a marathon Valentine’s Day meeting, Wilton’s Water Pollution Control Authority approved one application, deferred a decision on another, and adopted several regulation amendments with new policies for sewer allocations and extensions.

The meeting agenda illustrates the complex decisions facing the Authority, as it grapples with how to manage Wilton’s sanitary sewer capacity under the limits of the Town’s agreement with Norwalk for water treatment, while also encouraging commercial growth and diverse housing development within the Town.

With current flow levels plus the expected flow from approved projects, “we get dangerously close to not being able to approve anything [else] until such time as any additional capacity is contracted for,” First Selectman Toni Boucher told GMW before the meeting. (Boucher also serves as WPCA chair.)

“This is a real issue”

DPW Director/Town Engineer Frank Smeriglio presented a detailed analysis of current and hypothetical flows. Among the key numbers:

• 650,000: Wilton’s contractual limit for 12-month average gallons per day
• 544,000: Wilton’s 12-month average gallons per day, as of Dec. 31, 2023 — roughly 84% of the contractual limit
• 641,217: Wilton’s projected average gallons per day including allocations for all approved projects such as 141 Danbury Rd. (171 apartments) and 12 Godfrey Place (42 apartments), among others — which theoretically would bring the total flow to 98.6% of capacity, if and when all are constructed.

Smeriglio pointed out those numbers do not include pending applications — such as the proposed apartments at 131 Danbury Rd., among others — or any potential new applications.

He also noted that underutilized commercial buildings could push the 544,000-gallon flow even higher if occupancy increases.

“Norwalk put us on notice,” Smeriglio told the WPCA members. “This is a real issue.”

Selectman Kim Healy asked Smeriglio about the potential impact of the recently completed inflow and infiltration (I&I) study, which was intended to identify sources of excess flow and solutions to remedy them.

“The I&I won’t be our saving grace to solve this issue,” Smeriglio responded, though it is expected to be beneficial for maintaining Wilton’s aging system.

Part of the solution could be a change in how the WPCA calculates sewer flows. A generally accepted standard has been 150 gallons per day per bedroom — which may overstate the actual flow.

With such limited remaining capacity, the standards become crucial in the WPCA’s assessment of how much capacity might be available to allocate.

Smeriglio presented data from several nearby municipalities that use far lower standards — as little as 55 gallons per day — in their calculations. His analysis illustrated how Wilton’s calculations would change using standards ranging from 55 to 98 gallons per day instead of 150 gallons.

Healy also noted that even applying the lower standards, any significant new development could still put Wilton over capacity.

“It’s clear to me, we have to go to Norwalk and get more capacity,” Healy said. “We know these are not the only apartments or developments that are going happen in Wilton. So we have no choice… unless we don’t want to build another thing in town, we have to do something.”

“We’ve talked a lot about this,” Healy continued.” The POCD says we need to add housing stock. People expect it, people need it, and we need to ensure there’s capacity for that to be done.”

For Now, Policy Changes and Priorities

The WPCA has not yet decided whether to formally request additional capacity from Norwalk. In the meantime, Boucher is pursuing several new policies intended to help guide WPCA decisions and build on earlier WPCA decisions on prioritizing new allocations.

“We have very, very limited capacity and we have to be judicious about it,” Boucher said.

The WPCA went on to discuss several draft amendments to the WPCA regulations, which Boucher said were intended to “fine-tune the priority list that was passed last fall and to reflect the new reality that we’re facing as a Town.”

• One of the amendments pertained to the standards in the allocation methodology. The WPCA did not vote on it, as some members felt more discussion and data were needed.

• The WPCA members voted unanimously to approve an amendment setting a five-year expiration date for WPCA approvals. It was unclear whether this would only apply to new approvals, or if it could apply to 300 Danbury Rd., which received a significant sewer allocation in early 2019 but has not begun construction.

Another proposed amendment was the subject of deeper debate.

Special Treatment for ASML?

One of the draft amendments would allow the WPCA to prioritize sewer expansion requests from “companies and employers [who] engage in manufacturing and research with respect to scientific and technical equipment” — an obvious reference to ASML. The draft amendment read,

“The WPCA recognizes that certain companies/employers located in the Town of Wilton are critical to the well-being of the Town of Wilton, State of Connecticut, and the United States of America. Such companies and employers engage in manufacturing and research with respect to scientific and technical equipment. To the extent any such company seeks to expand its operation and such expansion requires an allocation of sewer capacity, and such capacity is available, then it is the policy of the WPCA to make such a request a priority which shall supersede other requests, regardless of the order in which such requests are made.”

Some WPCA members, including selectmen Ross Tartell, Josh Cole and Bas Nabulsi, expressed reservations for a variety of reasons.

Boucher defended the idea of prioritizing ASML’s needs.

“It is geared toward a high priority [company] statewide and nationally, and the number one taxpayer and employer in our Town,” Boucher said. “If we were limiting that company, it would be devastating to our economy and our town.”

Former First Selectman Lynne Vanderslice, who served as WPCA chair before her term ended last November, objected to the draft amendment in a lengthy written statement submitted to the WPCA.

“A regulation/policy that is intended for just one property owner is not good governance,” Vanderslice wrote, adding that the WPCA’s determination of which businesses are critical to the well-being of the Town, state and nation “feels like overreach.”

The letter was not discussed during the meeting.

Based on their own discussion and with the input of town attorney Peter Gelderman, the WPCA members agreed to revise the language and adopted the following amendment:

“The WPCA recognizes that, where possible, it is important to the Town of Wilton to keep existing businesses in Wilton. If any such local business seeks to expand its operation, and such expansion requires an increase in capacity allotment, then it is the policy of the WPCA to make such a request a priority, if capacity is limited.”

During the meeting, the WPCA approved an application from ASML for its expansion project at 77 Danbury Rd., subject to the resolution of several details identified by DPW’s Smeriglio.

The 167,000-square-foot expansion is estimated to add 11,233 gallons per day to the sewer flow by late 2025, and a total of 18,883 gallons per day when the project is ultimately completed.

131 Danbury Rd.

The WPCA also heard from Craig Flaherty, president of engineering firm Redniss and Mead, regarding the sewer application for 131 Danbury Rd., a proposed 4.5-story, 208-unit apartment building. 

Using current standards, the development could add roughly 47,000 gallons per day to the sewer flow, though it would likely take well over three years before the building would be occupied.

Flaherty spoke at length to encourage the Authority members to approve the application. The WPCA’s earlier discussion about ASML fueled his argument.

“If you’re trying to attract 1,000 new employees to come and work in Wilton, the availability of diverse housing choices is critical to your ability to do that and your ability to grow,” he said. “This is all part of the same question, and the same desire for Wilton to achieve its economic development goals and add to its grand list.”

The WPCA received several letters of support for the project.

The members opted to continue the discussion at their next meeting before voting on the application.