Where a public sanitary or combined sewer is not available under the provisions of § 230-6, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.
[Added 5-18-2015 by L.L.
No. 4-2015]
It shall be unlawful within the Town of Fallsburg to:
A.
Construct any wastewater disposal system to serve a new building,
dwelling or use without submitting wastewater disposal system plans
prepared by a design professional for review and approval by the CEO
and the issuance of a permit therefor;
B.
Construct or expand any wastewater disposal system to serve the substantial
modification of an existing building, dwelling or use without submitting
wastewater disposal system plans prepared by a design professional
for review and approval by the CEO;
C.
Create any new lot of less than 10 acres in lot area that has not been tested as required by § 230-10.1 herein to document a suitable area for a wastewater disposal system and an additional area of equal or greater size for a replacement system in the event of a malfunction; or
D.
Use or maintain any wastewater disposal system that is not adequately functioning. It shall be unlawful to discharge anything but sewage into a wastewater disposal system. Surface and subsurface water including roof, cellar, foundation and storm drainage shall not be discharged into the wastewater disposal system and shall be disposed of so as to in no way affect the proper functioning of the wastewater disposal system, except as provided at § 230-21, 230-24 or 230-25 of this chapter. It shall be unlawful to use or operate a cesspool.
[Added 5-18-2015 by L.L.
No. 4-2015]
A.
Any wastewater disposal system for new residential construction shall
be designed and built according to the requirements of this article
and the requirements, as they may from time to time be amended, of
the New York State Department of Health (NYSDOH) standards for sewage
disposal for individual household systems. Those design requirements
are found in Appendix 75-A of 10 NYCRR Part 75.
B.
Any wastewater treatment system for new commercial or institutional
construction, as well as conservation subdivision or multifamily dwelling
developments, shall be designed and built according to the requirements
of this article and the requirements, as may be from time to time
be amended, of the New York State Department of Environmental Conservation
(NYSDEC) standards for sewage disposal for intermediate-sized sewerage
facilities. Those design requirements are found in NYSDEC manual "Design
Standards for Wastewater Treatment Works: Intermediate-Sized Sewerage
Facilities."
[Added 5-18-2015 by L.L.
No. 4-2015]
A.
Any replacement, enlargement or extension of an existing wastewater
disposal system to serve the substantial modification of a building,
dwelling or use shall be designed and built according to the requirements
of this article and the requirements, as they may from time to time
be amended, of the NYSDOH standards for sewage disposal for individual
household systems. Those design requirements are found in Appendix
75-A of Part 75 of Title 10 of the New York Code of Rules and Regulations
(10 NYCRR).
B.
Any replacement, enlargement or extension of an existing intermediate-sized
sewerage system shall be designed and built according to the requirements
of this article and the requirements, as may be from time to time
be amended, of the NYSDEC standards for sewage disposal for intermediate-sized
sewerage facilities. Those design requirements are found in NYSDEC
manual "Design Standards for Wastewater Treatment Works: Intermediate-Sized
Sewerage Facilities."
C.
The design standards found herein shall not apply to existing wastewater
treatment systems legally installed, repaired or approved by the Town
of Fallsburg Building Department or Superintendent prior to the date
of adoption of this article or those systems determined by the Superintendent
to be adequately functioning.
[Amended 5-11-2010 by L.L. No. 7-2010; 5-18-2015 by L.L. No. 4-2015]
A.
Before commencement of construction of a new or modified private
wastewater disposal system, the owner shall first obtain a written
permit signed by the CEO. The application for such permit shall be
made on a form furnished by the Town, which the applicant shall supplement
by any plans, specifications and other information as are deemed necessary
by the CEO. A permit and inspection fee as set from time to time by
resolution of the Town Board for a residential or commercial building
sewer permit and a fee as set from time to time by resolution of the
Town Board for an industrial building sewer permit shall be paid to
the Town Building Department at the time the application is filed.
B.
An applicant seeking to construct and operate a wastewater disposal system to serve a single-family or two-family residence shall receive a certificate of compliance, subject to successful inspection required by § 230-9. All other applicants shall receive a permit with a term of five years, subject to successful inspection required by § 230-9. Upon the expiration of the permit term, the permit must be renewed and the wastewater disposal system must be reinspected.
C.
The CEO may impose such permit conditions as he or she may reasonably
require to protect the health, safety and welfare of the community,
including, but not limited to, effluent parameters for various types
of pollutants and periodic inspection and maintenance requirements
for the wastewater disposal system. Notwithstanding the foregoing,
such permit conditions shall be no less stringent than any other permit,
order or license duly issued by any other regulatory agency which
permit or license is related to the construction or operation of the
wastewater disposal system in question.
[Amended 5-18-2015 by L.L. No. 4-2015]
A permit for a private wastewater disposal system shall not
become effective until the installation is completed to the satisfaction
of the CEO. The CEO shall be allowed to inspect the work at any stage
of construction and, in any event, the permit applicant shall notify
the CEO when the work is ready for final inspection, and before any
underground portions are covered. The inspection shall be made within
48 hours of the receipt of notice by the CEO. At the sole election
of the CEO, the inspection may be performed by the CEO or his or her
designee, a design professional retained by the CEO at the cost of
the applicant or a design professional retained by the applicant at
the cost of the applicant. Notwithstanding anything herein to the
contrary, the CEO may witness any inspection performed by any third
party.
[Added 5-18-2015 by L.L.
No. 4-2015]
A.
All new wastewater disposal systems requiring an inspection pursuant
to this article shall be performed as follows:
(1)
The septic tank, inspection ports, distribution boxes or other
distribution devices shall be uncovered and accessible to the inspector.
If any component of the system cannot be located, the inspector shall
so note on the inspection report.
(2)
Sanitary disposal fields shall be staked out or otherwise identified
by general area of location.
(3)
The septic tank shall be pumped at the expense of the applicant,
to ensure the tank is not leaking, and the inlet and outlet baffles
are in place and properly functioning.
(4)
Drop and distribution boxes shall be checked for blockages and
function.
(5)
Visual inspection of building shall be undertaken to determine
the number of bedrooms, the layout and location of all water-using
fixtures and plumbing, including but not limited to faucets, sinks,
toilets, drains, overflows, laundry equipment, floor drains, sump
pumps, water softeners, and related systems that may impose an improper
or potential adverse hydraulic loading on the disposal field.
(6)
The inspector shall verify the connection of all drains to an
appropriate disposal system.
(7)
The inspector shall observe all outside areas, to include nearby
lawns, slopes, hillsides, ditches and watercourses, swales, and the
shoreline of ponds, lakes and wetlands for aboveground seepage and
to note the quantity and general quality of surface water where it
occurs.
(8)
The inspector may conduct dye testing or utilize other methods
as may be necessary to determine system function.
B.
In conducting any reinspection of an existing wastewater disposal
system requiring an inspection pursuant to this chapter or a permit
condition, the inspector shall:
(1)
Verify the connection of all drains to an appropriate disposal
system;
(2)
Visually inspect the premises to determine evidence of system
malfunction;
(3)
Conduct dye testing or utilize other methods as may be necessary
to determine system function; and
(4)
Visually inspect the improvements on the property to determine
the number of bedrooms, the layout and location of all water-using
fixtures and plumbing, including but not limited to faucets, sinks,
toilets, drains, overflows, laundry equipment, floor drains, sump
pumps, water softeners, and related systems that may impose an improper
or potential adverse hydraulic loading on the disposal field.
C.
Upon completion of any such inspection, except for an inspection
performed by the CEO, the inspector shall document all procedures
and furnish the applicant and the CEO with a certified report of findings,
including dates of testing/inspection, observations and sketches showing
system layout to adequately document the inspection and improvements
required.
[Amended 5-18-2015 by L.L. No. 4-2015]
A.
In addition to any approvals required herein, a review and approval
by the NYSDOH or the NYSDEC, if appropriate, shall be required for
the following conditions:
(1)
Any realty subdivision as defined by Article 11, Title 2, of the
New York State Public Health Law or Article 17, Title 15, of the New
York State Environmental Conservation Law;
(2)
Any alternative system as defined by Appendix 75-A of Part 75 of
Title 10 of the New York Code of Rules and Regulations (10 NYCRR 75-A.9);
(3)
Any wastewater facility required to be permitted by the NYSDOH; and
(4)
Any wastewater disposal treatment system or other system with effluent
in excess of 1,000 gallons per day.
B.
No permit shall be issued for any private wastewater disposal system employing an alternative subsurface treatment system (as defined by 10 NYCRR 75-A.9) except after review and approval by the Town Board pursuant to § 230-10.1C and G. No wastewater disposal system, except where permitted pursuant to this chapter, shall be permitted to discharge to any natural outlet.
[Added 5-18-2015 by L.L.
No. 4-2015]
All tests, including site and soil appraisals (including percolation tests and deep test pits), required by this § 230-10.1 shall be conducted by a design professional who shall certify to the Town that the proposed location and wastewater disposal system plan meet the requirements of this article and the standards of applicable laws and regulations. All testing for purposes of designing new and modified wastewater disposal systems and qualifying new subdivision lots for placement of such systems therein shall, at a minimum, meet New York State standards, as supplemented and superseded by the following additional requirements:
A.
Two percolation tests and a deep test pit shall be provided within
at least 60% of the proposed absorption field areas. Additionally,
two percolation tests and a deep test pit shall be conducted for at
least 60% of the replacement areas. The CEO, in his or her sole discretion,
may require more than the minimum percolation and/or deep test pits.
Locations of all tests shall be depicted on the plans for the on-site
individual wastewater treatment system and on each lot in connection
with subdivision plan. Each absorption area for a dwelling shall be
sized on the basis of the number of bedrooms anticipated. Where the
number of bedrooms is unknown, each dwelling unit shall be assumed
to include four bedrooms. All tests required by this chapter relating
to a major subdivision must be witnessed and certified by a design
professional and, if not so certified, then such tests shall not be
relied upon by the Planning Board in the subdivision review process.
B.
Soils with percolation test results faster than five minutes per
inch shall not be used for absorption fields and seepage pits. The
design professional shall, in such case, evaluate whether the soils
can be modified to meet state requirements.
C.
Where percolation rates exceed 60 minutes per inch, a subsurface disposal system shall not be allowed, except as may be granted by formal waiver. An applicant subject to this subsection may apply to the Town Board pursuant to § 230-10.1G(3) for a waiver to use an alternative subsurface treatment system designed in accordance with 10 NYCRR Part 75, Appendix 75-A, as amended.
D.
An additional 100% of the required absorption field area shall be
available for future expansion and replacement. Such area shall be
depicted on the plans for the wastewater disposal system and on each
lot in question.
E.
Depth to the seasonal high groundwater shall be determined at the
location of each deep test pit from direct measurement, documenting
evidence of soil mottling and other characteristics. The source of
the data must be cited in the design professional's report.
F.
The certified report of the design professional shall contain an
estimate of the average gradient of the groundwater table toward or
away from the nearest point of water use or the nearest surface water
body such as a stream, pond, lake or wetland in the vicinity of each
deep test pit location. An estimate shall also be made of the distance
from the deep test pit location to the nearest point of water use
or nearest surface water body. The certified report of the design
professional shall address the potential for groundwater quality degradation
due to subsurface wastewater disposal in the vicinity of the test
pit locations. Where this preliminary analysis indicates subsurface
wastewater disposal at the site has a moderate to high potential to
cause groundwater quality degradation, the CEO may require additional
data to determine if the site is suitable for subsurface sewage disposal.
At a minimum, the additional data, if required, shall consist of test
borings, with detailed boring logs, sufficient in number and location,
as approved by the CEO, to determine the gradient, thickness and hydraulic
conductivity of the shallowest saturated zone (aquifer) underlying
the site. Based on the above information, the applicant's design professional
shall submit dilution calculations of expected nitrate pollution at
the property boundary. On the basis of this additional data, the CEO
may determine the site is suitable, is suitable only with specific
conditions, or that the site does not appear to be suitable for subsurface
wastewater disposal. In the latter case, additional detailed modeling
of groundwater flows and pollutant dispersion may be submitted by
the applicant in order to demonstrate the site is appropriate for
subsurface wastewater disposal and such activity will not cause an
unacceptable degradation in groundwater quality.
G.
The number of alternative subsurface treatment systems designed in
accordance with 10 NYCRR Part 75, Appendix 75-A, as amended, in the
aggregate, shall be limited as follows:
(1)
Any minor subdivision shall have no more than two such systems;
and
(2)
No more than 50% of the total lots of a major subdivision shall
be constructed with such systems.
(3)
Waivers.
(a)
Upon written application, the Town Board may grant a waiver from the requirements of § 230-10.1C and/or this § 230-10.1G, provided that the following conditions are satisfied:
[1]
The applicant sets forth the size of the lot(s)
in which the alternative subsurface treatment system will be installed,
the number and type of alternative subsurface treatment systems proposed,
the proposed use of the parcel(s) in question, and any other information
reasonably required by the Town Board;
[2]
The applicant provides a certified report prepared
by a design professional that:
[a]
The proposed systems meet the design requirements
for an alternative subsurface treatment system set forth at Appendix
75-A of Part 75 of Title 10 of the New York Codes, Rules and Regulations;
and
[b]
Identifies all other laws applicable to alternative
subsurface treatment systems and certifies that the proposed systems
meet or exceed the requirements thereof; and
[3]
The applicant shall identify all neighboring parcels
that may be impacted by the use of an alternative subsurface treatment
system as well as any applicable mitigation measures.
(b)
The grant of any waiver under this § 230-10.1G(3) shall be in the sole discretion of the Town Board, which shall consider the type of proposed system, the lot size of the parcels upon which the alternative subsurface treatment systems will be placed, the potential impact on neighboring parcels, the engineering analyses of the applicant and the Superintendent (or his or her designee), any comments of the Town Planning Board and any other health and safety issues deemed relevant to the waiver application.
(d)
In all cases, the lot dimensions must allow all parts of the
sewage disposal system to be located a minimum of 25 feet from any
lot line unless this condition is expressly waived by the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
[Amended 5-18-2015 by L.L. No. 4-2015]
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 230-6, a direct connection shall be made to the public sewer within 120 days in compliance with this Part 1, and any septic tanks, cesspools and similar private wastewater disposal system facilities shall be cleaned of sludge and filled with suitable material.
[Amended 5-18-2015 by L.L. No. 4-2015]
The owner shall operate and maintain the private wastewater
disposal system in a sanitary manner at all times, at no expense to
the Town.
No statement contained in this article shall
be construed to interfere with any additional requirements that may
be imposed by the Health Officer.
