[HISTORY: Adopted by the Town Board of the Town of Urbana 2-14-2012 by L.L. No. 1-2012[1]. Amendments noted where applicable.]
[1]
Editor’s Note: This local law also superseded former
Ch. 103, Wastewater Management, adopted 12-14-1992 by L.L. No. 4-1992.
The purpose of this chapter is to preserve and protect the quality
of Keuka Lake and surface and groundwater in the municipality of Urbana.
These standards are established to ensure adequate performance of
wastewater treatment systems, to protect public health and to optimize
the effectiveness of the systems at removing nutrients from wastewater.
The provisions of this chapter shall be in effect throughout
the municipality of Urbana and apply to all wastewater systems not
subject to continuous licensing or regulations by the New York State
Departments of Environmental Conservation, hereafter referred to as
NYSDEC, or New York State Department of Health, hereafter referred
to as NYSDOH.
If any section, paragraph, subdivision or provision of this
chapter shall be judged invalid or held unconstitutional, the same
shall not affect the validity of this chapter as a whole or any part
or provision thereof other than the part so decided to be invalid
or unconstitutional.
A.
Wastewater from any new construction shall be discharged directly
into public wastewater disposal systems if available and accessible
within 100 feet of the property line.
B.
If there is no public wastewater disposal available, residential,
commercial or institutional wastewater must be treated by a wastewater
treatment system approved by a regulatory officer in the Keuka Watershed
Improvement Cooperative, hereafter referred to as KWIC.
Two zones within the municipality shall be established for the
protection of water, public health and safety. Zone 1, or the "critical
water protection zone," shall include the land with onsite wastewater
systems within 200 feet of a lake and watercourse. Zone 2 shall include
all other land in the municipality.
A.
No untreated wastewater from a wastewater system shall be deposited
or allowed to escape into any watercourse in the municipality, or
allowed to surface or be washed over the ground.
B.
No human excreta, either raw or partially decomposed, may be dipped,
pumped or shoveled from a septic, aerobic, or holding tank and placed
in or on the ground of the watershed without specific approval of
the site by the NYSDEC.
A.
Wastewater systems for new household construction shall be designed
in accordance with current NYSDOH Administrative Codes, Rules and
Regulations Appendix 75-A. The definitions contained in Appendix 75-A
shall also apply to these regulations.
B.
Wastewater systems for new commercial or institutional construction
may be designed according to the current NYSDEC guidelines ("Standards
for Waste Treatment Works — Institutional and Commercial Sewage
Facilities" or current reference).
A.
Construction of replacement wastewater systems shall be designed
by a New York State hereafter referred to New York State-licensed
design professional and must be installed under the direction of the
regulatory officer or a New York State-licensed design professional.
Replacement systems shall be designed and installed according to the
provisions of Appendix 75-A, if possible.
B.
On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology and require the system be designed and installed under the direction of a New York State-licensed design professional. A holding tank may be constructed under the supervision of the regulatory officer as described in § 103-15.
C.
Households served by replacement systems may be required to have
NYSDEC-certified water conservation fixtures prior to the issuance
of a permit to operate.
D.
If the site is only occasionally inhabited, such as a hunting camp,
and has no water under pressure or wastewater discharge, the regulatory
officer may allow a sanitary privy, other nonwaterborne systems as
describe in Appendix 75-A, design a system, or request that an engineered
system be designed when site conditions are limiting.
E.
Wastewater systems for replacement of commercial or institutional
construction shall be designed according to the NYSDEC guidelines
in "Standards for Waste Treatment Works-Institutional and Commercial
Sewage Facilities" or current reference.
A.
The regulatory officer shall be allowed to make regular and thorough inspections of wastewater treatment systems in the municipality for purposes of inspection, observation and testing of wastewater treatment systems. Whenever it shall appear to the regulatory officer that a wastewater system is inadequate, a written notice of violation shall be given to the property owner specifying the nature of the violation and required corrective action. The owner of the wastewater system has up to 30 days from receipt of the notice of violation to obtain a wastewater system construction permit. Completion of work detailed in the wastewater system construction permit shall be performed within the time period specified in the permit, according to § 103-13.
B.
Systems in Zone 1 will be scheduled for inspection a least once every
three years to five years. For newly installed wastewater systems,
the first required inspection shall be no sooner than five years after
installation or one year after for holding tank, unless a property
transfer or a complaint requires sooner action.
C.
The regulatory officer shall investigate all complaints under the
provisions of this chapter and document all follow-up investigations.
D.
It shall be the duty and obligation of the wastewater system owner
to supply, upon request to the regulatory officer, available information
regarding wastewater system type, capacity, location, usage, age,
maintenance, etc., in order to determine the system's effectiveness.
A.
Prior to any property transfer, all septic, treatment units or holding
tanks must be pumped by a NYSDEC-licensed waste hauler at least 10
days prior to the time of property transfer, unless it has already
been pumped and inspected by the regulatory officer within the past
one year. The property owner must give the regulatory officer at least
48 hours' notice to arrange for inspection of the tank. It is
highly recommended that property transfer inspections and pumping
be arranged by the property owner as early in the selling process
as possible to obtain an accurate assessment of the system.
B.
The filtration and/or absorption area must be evaluated by the regulatory
officer at least 10 days prior to the time of property transfer.
C.
If a lending institution requires a property owner to obtain a wastewater
system inspection for property refinancing in the watershed, a regulatory
officer or approved New York Onsite Wastewater Treatment Training
Network, hereafter referred to as OTN, registered onsite wastewater
treatment system inspector shall perform the inspection as per applicable
provisions in this section.
D.
If the wastewater system is determined to be failing or inadequate, a written notice of violation will be issued as per § 103-17, and an approved construction permit to correct the violation must be obtained prior to property transfer.
E.
For aerobic systems or other enhanced treatment system, the new owner
must send a signed copy of a service contract to the regulatory officer
within 30 days after property transfer.
F.
Only a regulatory officer of KWIC or an OTN-registered onsite wastewater
treatment system inspector approved by the municipality and the KWIC
are authorized to conduct a property transfer or mortgage refinance
inspection as defined by this chapter. An OTN-registered onsite wastewater
treatment system inspector shall file the OTN approved inspection
forms with the municipality and the KWIC. The OTN inspector shall
follow the OTN protocols and policy and procedures of the KWIC.
G.
For holding tanks, the new owner must send a signed copy of a pumping
or service contract to the regulatory officer within 30 days after
property transfer. The provider of the pumping or service contract
shall notify KWIC of any termination of the contract within 14 days
of such termination.
H.
Sewer connected systems shall be inspected for proper plumbing to
the sewer line.
I.
Property transfer inspections not required for the following types
of transfers:
A.
All septic tanks require regular inspection to: 1) ensure baffles
are adequate; 2) check for holes or cracks; and 3) determine if tank
needs pumping. Maintenance of the septic tank will help to protect
the filtration/absorption area from clogging. Septic tanks, pump stations,
and enhanced treatment units shall be inspected every three to five
years in Zone 1 by the regulatory officer. Septic tanks, with total
depth of sludge and scum exceeding 1/3 of the liquid depth, as demonstrated
by the property owner or his agent, will be required to be pumped
at property owner expense. Physical measurement will be exempt provided
the tank is pumped and visually inspected by a NYSDEC-certified contractor
and is approved by the regulatory officer. If the tank is undersized,
more frequent inspections may be required. Additional tank volume
may be required by the regulatory officer to meet system use and capacity
standards.
B.
After septic tank pumping, the NYSDEC-certified contractor is required
to send a septic tank pumping inspection form to the KWIC verifying
the septic tank was pumped and describing other maintenance work completed.
A.
No construction of new or replacement wastewater systems shall be
commenced until an application for a wastewater system construction
permit is reviewed and a permit is issued by the regulatory officer.
B.
No person shall build, erect, construct, expand, enlarge, add bedrooms,
or convert to another use any structure or system that is subject
to the provisions of this chapter and involves wastewater discharge
without first obtaining a wastewater system construction permit. Building
expansions, which do not alter property wastewater discharge, such
as the building of a deck or garage, are exempt.
C.
Construction of a system shall be in accordance with the specifications
approved in the wastewater system construction permit.
D.
No element of the system shall be covered until inspected and approved
in accordance with the wastewater system construction permit. Covered
work shall be uncovered to permit inspection whenever considered necessary
by the regulatory officer.
E.
The regulatory officer shall be notified a minimum of 48 hours prior
to the requested inspection date.
F.
Final inspection and certification of new or replacement systems
shall be performed by the design professional and witnessed by the
regulatory officer.
G.
A wastewater system construction permit shall be valid for up to
one year from date of issuance.
A.
Where a written notice of violation has been issued for an inadequate
wastewater system or component thereof, corrective action according
to an approved wastewater system construction permit must be completed
within six months.
B.
Where a wastewater system violation is considered by the regulatory
officer to be a public health hazard, such as raw sewage on the ground
or entering a watercourse, a maximum of 60 days will be allowed for
corrective action. Corrective action may be required sooner, depending
on the risk to public health and safety.
No wastewater system shall be placed in operation, or any new
building, structure or mobile home be occupied, until a permit to
operate has been issued by the regulatory officer, indicating that
such system has been constructed in compliance with the wastewater
system construction permit.
A.
Holding tanks for residential systems are allowed for replacement
systems only and must be approved by the regulatory officer.
B.
Newly installed holding tanks shall:
(1)
Be vehicle-accessible;
(2)
Have an access port above grade not to exceed eight inches in diameter;
(3)
Have a capacity of five days' storage based upon design flow
of 110 gallons/bedroom/day;
(4)
Have an audio and visual float alarm as specified in the owner's
onsite wastewater treatment system construction permit; and
(5)
Have anchoring devices for areas where seasonal high water table
are evident from soil investigations.
C.
All holding tanks shall be inspected by the regulatory officer on
an annual basis at the time of pumping. Homeowners shall give the
regulatory officer 48 hours' notice prior to the inspection date.
D.
All existing holding tanks shall be equipped with an acceptable alarm
device to alert the property owner that the tank is filled within
12 inches of the inlet pipe.
E.
Holding tanks shall be pumped by a New York State-licensed septic
tank pumping contractor when the tank is a minimum of 12 inches of
the inlet pipe and documentation shall be sent to the KWIC annually
by the contractor.
F.
For holding tanks, the new owner must send a signed copy of a pumping
or service contract to the regulatory officer within 30 days after
property transfer. The provider of the pumping or service contract
shall notify KWIC of any termination of the contract within 14 days
of such termination.
A.
Only National Sanitation Foundation, referred to as NSF, standard
40 Class I aerobic tanks are acceptable for new systems, or as approved
in Appendix 75-A of Rules and Regulations of the State of New York,
Title 10, Department of Health, Chapter II, Part 75, Standards For
Individual Water Supply and Individual Sewage Treatment Systems, and
must be approved by the regulatory officer. For both new and replacement
systems, aerobic tanks are considered a septic tank substitute and
must be used in conjunction with a properly sited and designed filtration
and/or absorption area approved by the regulatory officer. A permit
from the NYSDEC and a State Pollution Discharge Elimination System
(SPDES) permit are required for surface discharge.
B.
A visual and audio warning device shall be installed in a conspicuous
location so that activation of such warning device will alert property
occupants of aerobic unit malfunction or failure. All warning devices
shall be wired separately from the aerobic unit so that disconnecting
the aerobic unit from electricity will activate the warning device.
C.
All enhanced treatment units shall be wired and constructed so that
electrical disconnection of the aerobic tank will result in closure
in the sewer line and eventual system back up.
D.
All aerobic tanks must have a continuous maintenance contract agreement
with an authorized service contractor of the manufacturer and/or KWIC
approved service contractor. Each aerobic unit shall be inspected
at least two times a year by an authorized service contractor. All
service contracts must be sent to the Watershed Department annually
to verify that a continuous contract exists for the aerobic tank.
The service contractor shall have aerobic unit effluent tested by
a certified laboratory and/or supply to the KWIC with an annual maintenance
report containing information as specified by the regulatory officer
to determine that the unit conforms with manufacturer's treatment
specifications.
E.
It is recognized that state of the art technology may develop treatment
units other than the standard aerobic treatment units (NSF standard
40 Class I). These units may include but are not limited to units
such as media treatment units or inoculators. This state of the art
technology also needs standards and because of the unique nature of
state of the art technology, each system needs to be approved by the
regulatory officer. The regulatory officer shall approve the installation
and any maintenance requirements based upon the manufacturer's
recommendations for replacement systems.
A.
Written notice of violation shall be issued to any property owner
with a wastewater disposal system found in violation of these rules
and regulations, stating the date(s) by which corrective action shall
be completed. Any violation beyond that date shall be punishable by
a fine not to exceed $250 and/or imprisonment not to exceed 15 days
per violation. Each week of violation shall be considered a separate
offense. In the event of continued violations, the regulatory officer
may apply for an injunction or other relief including property condemnation
from the appropriate court or Municipality Board. In the event that
the Municipality institutes proceedings either in local court or in
Supreme Court to enforce the provisions of this statue, the offending
parties shall be liable for all attorney fees; costs and disbursements
incurred by the Municipality in bringing said enforcement proceedings.
B.
More severe penalties than listed above may be imposed by a local
court for blatant and willful violations such as pumping septic or
holding tank wastes directly into surface waters.
A fee will be set by the KWIC and adjusted as needed, to charge
for each wastewater system construction permit and wastewater system
inspection by the regulatory officer. A fee will be set by the municipality
for a real property transfer inspection and tank replacement or repair
and adjusted as needed.
All definitions printed in Appendix 75-A shall apply to this
law. Additional definitions include:
A person requested, employed or contracted by an owner or
owners, occupant or lessee.
Any inspector that has fulfilled the requirements of the
New York Onsite Wastewater Treatment Training Network, Inc. (OTN)
for inspection of wastewater systems and is registered and has been
approved by the KWIC and the municipality where the inspection is
to be performed.
The shortest horizontal linear distance from the nearest
point or structure or object to the high water mark of the nearest
watercourse or the edge, margin or top of precipitous bank forming
the mean high water mark of a watercourse.
Any building constructed or placed on an undeveloped site
and requiring a new wastewater system and currently not utilizing
a adequately functioning wastewater system.
Stands for National Sanitation Foundation founded in 1944
and is accredited by the American National Standards Institute (ANSI)
and by the Standards Council of Canada (SCC) in Canada.
Refers to the Watershed Inspector and/or the KWIC's
Watershed Manager with duties as described in the KWIC Policy and
Procedures Manual.
Any construction or modification of a system for an existing
building which already has a system. Complete replacement of a system
for an existing property with a system shall be considered a replacement
wastewater system.
Liquids containing sewage or other contaminated liquids of
any kind in or from the drainage system or sewer of a domestic dwelling
or any other structure utilized for commercial, recreational, agricultural,
institutional, or industrial purposes.
Shall be identified by the KWIC after consultation with the
Yates and Steuben County Soil and Water Conservation Districts and
the Department of Environmental Conservation and published on a set
of maps.
