An abandoned OWTS shall be plugged or capped in an approved
manner. Abandoned treatment tanks and seepage pits shall have the
contents pumped and discarded in an approved manner. The top or entire
tank shall be removed and the remaining portion of the tank or excavation
shall be filled immediately.
It shall be unlawful to make any change in the use of any structure
without an inspection of the existing OWTS and approval of the AHJ.
The AHJ shall inspect the existing OWTS and determine if such change
of use will require an addition, alteration, replacement or repair
of such system.
An ETU is required to have a service contract with a certified
manufacturer's representative, which provides for annual inspections
or inspections at intervals specified by the manufacturer, whichever
is more restrictive, as well as subsequent necessary adjustments by
adjustments by a certified manufacturer's representative for
the life of the ETU. Within 14 business days of an inspection, a written
report shall be sent to the AHJ that documents the result of the inspection
and provided written certification from the certified manufacturer's
representative that the ETU is fully functional and operating properly,
an is under a service contract. Failure to hold a service contract,
complete the required inspections, send inspection reports to the
AHJ as well as fulfilling the certified manufacturer's representative's
maintenance schedule shall be deemed a violation of this chapter.
It shall be unlawful to use any failed OWTS as determined by
the AHJ. A failed OWTS shall be corrected or use of such system shall
be discontinued within that period of time required by the AHJ but
such period shall not exceed one year.
An OWTS, its materials and appurtenances, both existing and
new, and all parts thereof shall be maintained in proper operating
condition in accordance with its original design in a safe and sanitary
condition. Devices or safeguards that are required by this chapter
or any applicable law shall be maintained in compliance with such
law under which they were installed. The owner shall be responsible
for maintenance of an OWTS.
The AHJ may allow a nonwaterborne system as prescribed in Appendix
75-A of Part 75 of Title 10 of NYCRR for an occasionally occupied
structure at a lot of record.
There shall be no activities and/or conditions permitted that
would interfere with the proper operation of an OWTS. It is specifically
prohibited to construct or place anything that would negatively impact
the absorption area as determined by the AHJ such as but not limited
to: buildings, structures, paving, trees or shrubs, fill, the parking
or crossing by vehicles, aboveground pools, driveways or parking areas.
All plumbing fixtures shall be connected to a public sewer system
where available. Determination of whether a public sewer system is
available shall be made by the AHJ.
An existing OWTS that is relocated on a lot of record shall
comply with the provisions of this chapter for new installations.
Additions, alterations, installations, maintenance work, repairs
and/or replacements of OWTS that are caused directly or indirectly
by the enforcement of this chapter shall be executed and installed
in a workmanlike manner, and installed in accordance to the manufacturer's
installation instructions and/or applicable standard(s).