Where a public sewer system is not available under the provisions of §§ 118-4 and 118-5, the building drain shall be connected to a private subsurface sewage disposal system complying with the provisions of this article.
The type of the private subsurface sewage disposal system shall comply with all of the latest requirements of the Dutchess County Department of Health and the Town.
At such time as a public sewer system becomes available to a property served by a private subsurface sewage disposal system as provided in § 118-4, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tank and cesspool or similar private sewage disposal facilities shall be abandoned, properly cleaned and filled with suitable material, such as clean gravel or concrete.
Before commencement and construction of a private subsurface sewage disposal system, the owner shall make application to the Dutchess County Department of Health for a permit to construct a private subsurface sewage disposal system on forms available, or in the form required by the Dutchess County Department of Health. A duplicate application shall be made to the Town's Building Inspector, in which complete construction plans and specifications of the proposed private subsurface sewage disposal system shall be attached. The construction plans and specifications of the proposed private subsurface sewage disposal system shall conform to the latest requirements and design standards of the Dutchess County Department of Health and the Town and be so certified by the owner's engineer.
The following design standards shall apply in the design and construction of private subsurface disposal systems within the Town of Fishkill:
A. 
Dutchess County Health Department Sanitary Code, Article XIX, Sewerage and Sewage Disposal, Water Pollution Control.
B. 
Waste Treatment Handbook, Individual Household Systems, New York State Department of Health, Division of Sanitary Engineering.
C. 
Appendix 75-A, Waste Treatment — Individual Household Systems, New York State Department of Health.
D. 
Plan Submission Guide for Individual Lots and Realty Subdivisions (Appendix 75-A), Dutchess County Health Department.
E. 
Plan Submission Guide for Subdivisions and Individual Lots, Dutchess County Health Department.
A. 
If more than five years have elapsed between the design or the approval of the design of a private/individual sewage disposal system and the date of the building permit application, then the sewage disposal system shall be recertified/redesigned by a licensed professional engineer stating that the design conforms to the latest design technology currently being enforced under the Dutchess County Department of Health and the Town of Fishkill.
B. 
All design drawings indicating private/individual sewage disposal system design shall contain the following recertification note duly signed and dated by a professional engineer:
"I hereby certify that, to the best of my knowledge, the design of the private/individual sanitary sewage disposal system shown hereon is in complete conformance with the latest design requirements and standards of the Dutchess County Department of Health and the Town of Fishkill."
Signed
Name
New York State Professional Engineer's License No. ________________________
Date: ________________________
C. 
Written approval from the Dutchess County Department of Health, where required by state or county law, and approval of the Building Inspector must be obtained prior to commencement and construction of a private subsurface sewage disposal system. All tests to determine the percolation rate to be used for design of subsurface disposal systems shall be made by the owner's engineer, who shall designate the minimum installation requirements for each system on the plans.
[Amended 8-7-1989 by L.L. No. 5-1989]
Each application shall follow the following permitting procedure:
A. 
Submit duplicate Dutchess County Health Department application form to Building/Sewer Inspector, together with the required fee and two sets of construction plans.
B. 
Upon satisfactory review of the application, the Building Sewer Inspector will issue a sanitary sewage disposal construction permit, which shall be valid for six months and in which three-month extensions will be granted by the Building/Sewer Inspector for good cause upon request.
A permit for private subsurface sewage disposal systems shall not become effective until the installation is completed to the satisfaction of the Sewer Inspector. The Sewer Inspector shall be allowed to inspect the work at any stage of construction, and the applicant for the permit shall notify the Sewer Inspector before any underground portions are covered and when the work is ready for final inspection. The inspection shall be made within 48 hours of the receipt of notice by the Sewer Inspector.
[Amended 11-10-2007 by L.L. No. 10-2007]
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times and at no expense to the Town. Failure to properly operate and maintain a private sewage disposal system shall subject the property owner to the enforcement and penalty provisions of Chapter 94, Illicit Discharges to Storm Sewers.
No statement contained in this article shall be construed to interfere or conflict with any additional requirements that may be imposed by the Dutchess County Department of Health.