When Sewer Assessments Cross the Line
Why Gaynor-Stafford v. Stafford WPCA Still Matters - Municipal sewer projects are costly, and towns often recover those costs through special benefit assessments. The Connecticut Supreme Court’s decision in Gaynor-Stafford Industries, Inc. v. Water Pollution Control Authority of the Town of Stafford remains a key guide on how far that power extends.
The Case in Brief
Stafford built a wastewater treatment plant using federal and state funding. Years later, federal regulators required the town to recover the portion of its capital costs attributable to industrial wastewater. The local WPCA assessed several large industrial users based on how much wastewater they discharged during the plant’s design year. One industrial owner challenged the assessment.
What the Court Actually Held
The Supreme Court drew a sharp line between two statutes. Section 7-249a did not apply. That statute allows recovery of industrial treatment costs only when the sewer system was built with federal funds under the 1972 Clean Water Act amendments. Stafford’s plant was funded under earlier federal law. Statutory conditions matter, and courts will enforce them. The assessment still survived under Section 7-249. That statute allows benefit assessments so long as they reflect a special benefit to the property and do not exceed that benefit. The Court approved the town’s method because it was tied to each user’s share of system capacity and supported by evidence that the property value increase exceeded the assessment.
Conflict of Interest Claim Rejected
The challenger also argued that a WPCA member should have recused himself because he was an officer of another assessed company. The Court reaffirmed that even the appearance of impropriety can require disqualification, but only when supported by facts. Speculation alone was not enough.
Why This Still Matters
The lesson is simple. Municipalities must use the correct statutory authority, apply rational assessment formulas, and document the benefit conferred. Property owners, meanwhile, have real leverage when towns exceed those limits. This case continues to shape how Connecticut municipalities fund sewer infrastructure and how those decisions are challenged.
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Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a licensed attorney for advice regarding your specific situation.
