[Adopted 4-12-2007 by L.L. No. 6-2007 (Ch.
107 of the 1990 Code)]
This article shall be known as the "Town of
Bethel On-Site Individual Wastewater Treatment System Law."
This article shall govern the treatment of sewage
by regulating all on-site individual wastewater treatment systems
(hereinafter referred to as a "wastewater treatment system").
The purpose of this article is to promote the
health, safety and general welfare of the community, including the
protection and preservation of the property of its inhabitants, by
regulating wastewater treatment systems so that human sewage and other
wastes are disposed of in a manner that will not create a health hazard,
adversely affect the environment, create a nuisance or impair the
enjoyment or use of property.
This article is enacted under the authority
granted to the Town of Bethel by Article 2, § 10, of the
New York State Municipal Home Rule Law.
In addition to the definitions contained in
the New York State Public Health Law and New York State Building Code,
which are incorporated herein by reference, the following words and
terms shall be defined as follows:
A person licensed or registered in the State of New York
and authorized by New York State Education Law to design the systems
described in 10 NYCRR Appendix 75A.
Routine maintenance and repairs to the wastewater treatment
system, including but not limited to the following: replacement of
septic tank covers or baffles, replacement of distribution box covers,
replacement of cracked pipes, pumping of the septic tank and replacement
of mechanical pumps and devices.
Any building constructed or placed on an undeveloped site
requiring the installation of a wastewater treatment system and currently
not utilizing the same.
A complete system of piping, watertight vessels or other
facilities for the on-site collection, transport and treatment of
sewage.
The combination of human and household waste with water which
is discharged to the plumbing system, including the waste from a flush
toilet, bath, shower, sink, lavatory, dishwashing or laundry machine,
or the water-carried waste from any fixture, equipment or machine.
An expansion of 50% or more in the floor area of a building,
dwelling or use.
It shall be unlawful within the Town of Bethel
to:
A.
Construct any wastewater treatment system to serve
a new building, dwelling or use without submitting wastewater treatment
system plans prepared by a qualified design professional for approval
by the Town of Bethel Building Department.
B.
Construct or expand any wastewater treatment system
to serve the substantial modification of an existing building, dwelling
or use without submitting wastewater treatment system plans prepared
by a qualified design professional for approval by the Town of Bethel
Building Department.
C.
Create any new lot of less than 10 acres in lot area
that has not been tested as required herein to document a suitable
area for an on-site individual wastewater treatment system and an
additional area of equal or greater size for a replacement system
in the event of a malfunction.
D.
Use or maintain any wastewater treatment system that
is not adequately functioning. It shall be unlawful to discharge anything
but sewage into a wastewater treatment system. Surface and subsurface
water including roof, cellar, foundation and storm drainage shall
not be discharged into the wastewater treatment system and shall be
disposed of so as to in no way affect the proper functioning of the
system.
A.
Any wastewater treatment system for new individual
household 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 Part 75 of
Title 10 of the New York Code of Rules and Regulations (10 NYCRR).
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."
A.
Any replacement, enlargement or extension of an existing
on-site individual household wastewater treatment 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."
A.
Minor alterations to wastewater treatment systems
shall not require approval hereunder, provided that such repairs are
made with like or similar materials so as to replace existing conditions
in need of repair, and are done in a safe and sanitary manner. Other
alterations of wastewater treatment systems to serve substantial modifications
of existing buildings, dwellings or uses shall be subject to review
to ensure the standards here are met.
B.
The design standards found herein shall not apply
to existing wastewater treatment systems legally installed, repaired
or approved by the Town of Bethel Building Department prior to the
date of adoption of this article or those systems determined by the
Town of Bethel Building Department to be adequately functioning.
Where sites are characterized by topographic,
physiographic or other limitations, the Town of Bethel Building Department
shall utilize current technology and design methods to remedy failed
or improperly functioning systems, provided that applicable state
standards, to the greatest extent possible, are met. The Town of Bethel
Building Department shall take the following into consideration in
such cases:
Wastewater treatment systems shall be maintained
in good working order. There shall be no activities or conditions
permitted which would interfere with the proper operation of wastewater
treatment systems. It is specifically prohibited to construct or place
buildings, to install paving, to plant trees or shrubs, to regrade
or place fill, to allow crossing by vehicles, to install aboveground
pools, or to install driveways or parking areas over sanitary disposal
fields.
In addition to approvals required herein, a
review and approval by the New York State Department of Health (NYSDOH)
or the New York State Department of Environmental Conservation (NYSDEC),
if appropriate, shall be required for the following conditions:
A.
Any realty subdivision as defined by Article 11, Title
II, of the New York State Public Health Law or Article 17, Title 15,
of the New York State Environmental Conservation Law;
B.
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);
C.
Any facility required to be permitted by the NYSDOH;
and
D.
Any on-site individual wastewater treatment system
or other system with effluent in excess of 1,000 gallons per day.
A.
The Town of Bethel Building Department shall have
the right to require that the property owner retain the services of
a design professional to conduct site and soil appraisals (percolation
tests and deep test pits) and to design and certify that the wastewater
treatment system meets the requirements of this article and the standards
of applicable state laws.
B.
Wastewater treatment systems defined as alternative
systems pursuant to 10 NYCRR Appendix 75-A shall be certified by a
qualified design professional.
A.
The Town of Bethel Building Department shall be permitted
by the property owner to make a physical inspection of the lands and
premises for which a wastewater treatment system is proposed to determine
all of the requirements of this article have been met.
B.
The Town of Bethel Building Department, upon complaint
or show of cause, shall be permitted by the property owner to make
a physical inspection of the lands and premises for which a wastewater
treatment system is believed to be a cause or potential cause of pollution,
or health hazard.
Plans for wastewater treatment systems shall
include the following information, on which the Town of Bethel Building
Department may conduct such investigations, examinations, tests and
site evaluations as it deems necessary to verify information supplied:
A.
The name, address and telephone number of the applicant;
B.
Specific location of the property on which the wastewater
treatment system is located or proposed, including the tax map number
for said property;
C.
A sketch plan or survey map of the premises on which
the wastewater treatment system is located or proposed, showing the
location of wells, springs and other sources of water supply, and
the location of all watercourses on the premises; and
D.
Documentation of substantiating data relating to site
conditions, percolation tests, deep test pit data and topography of
land.
A.
The Town of Bethel Building Department shall not approve
plans for any wastewater treatment system permit unless all pertinent
site data has been submitted, verified and certified as required by
this article; all permit fees have been paid and the wastewater treatment
system complies with all specifications of state and local laws.
B.
No certificate of occupancy shall be issued for any
building, dwelling or use unless the wastewater treatment system has
been approved in accordance with the provisions of this article.
The fees for any permit or inspection performed
pursuant to this article shall be determined from time to time by
the Town of Bethel Town Board.
The Town of Bethel Building Department may require
inspection of any on-site individual wastewater treatment systems
connected with the substantial modification of any building, dwelling
or use. The owner of the property shall arrange for a wastewater treatment
system inspection as an integral part of the building permit application
process. A qualified design professional shall determine whether expansion
of the building or dwelling, including its use, represents an increased
hydraulic loading to the system.
A.
All existing on-site wastewater treatment systems
requiring an inspection pursuant to this article shall be performed
by a qualified design professional. Such design professional may require:
(1)
The septic tank, inspection ports, distribution boxes
or other distribution devices be uncovered and accessible to the inspector.
Should any component of the system not be located the inspector shall
so note on the inspection report.
(2)
Sanitary disposal fields be staked out or otherwise
identified by general area of location.
(3)
The septic tank be pumped at the expense of the property
owner, to ensure the tank is not leaking, and the inlet and outlet
baffles are in place and properly functioning.
(4)
Drop and distribution boxes be checked for blockages
and function.
(5)
Visual inspection of buildings for 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)
Verification of the connection of all drains to an
appropriate disposal system.
(7)
Observation of 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)
Conduct of dye testing and other methods as may be
necessary to determine system function.
B.
Upon completion of such inspection, the design professional
shall document all procedures and furnish the owner with a report
of findings, including dates of testing/inspection, observations and
sketches showing system layout to adequately document the inspection
and improvements required.
[Amended 5-22-2008 by L.L. No. 3-2008; 7-24-2008 by L.L. No.
4-2008]
All testing for purposes of designing new and
expanded on-site individual wastewater treatment systems and qualifying
new subdivision lots for placement of such systems shall 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 each proposed absorption field area. Additionally,
two percolation tests and a deep test pit shall be conducted for each
replacement area. 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
by the Town Engineer and, if not so witnessed, 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 § 257-62G(3) for a waiver to use an absorption trench system or alternative system designed in accordance with Appendix 75-A of Part 75 of Title 10 of the New York Codes, Rules and Regulations, as amended.
[Amended 11-10-2010 by L.L. No. 6-2010]
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 on-site individual wastewater
treatment system and on each lot in connection with any subdivision
plan.
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. Testing
performed more than six weeks following the frost leaving the ground
shall be subject to review and certification by a New York State licensed
professional engineer or a soil scientist.
F.
The design professional's report 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 design professional's report shall
address the potential for groundwater quality degradation due to subsurface
sewage disposal in the vicinity of the test pit locations. Where this
preliminary analysis indicates subsurface sewage disposal at the site
has a moderate to high potential to cause groundwater quality degradation,
the Town of Bethel Building Department may require additional data
to determine if the site is suitable for subsurface sewage disposal.
As 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 Town Engineer, 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 Town Engineer may determine the site is suitable, is suitable
with specific conditions, or that the site does not appear to be suitable
for subsurface sewage 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 sewage disposal and such activity will not cause an unacceptable
degradation in groundwater quality.
G.
The number of shallow absorption trench systems and
other alternative systems designed in accordance with Appendix 75-A
of Part 75 of Title 10 of the New York Codes,Rules and Regulations,
as amended, in the aggregate, shall be limited as follows:
[Amended 11-10-2010 by L.L. No. 6-2010]
(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 § 257-62C and/or this § 257-62G, provided that the following conditions are satisfied:
[1]
The applicant sets forth the size of the lot(s) in which the absorption
trench system or alternative system will be installed, the number
and type of absorption trench systems or alternative 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 an engineering report that:
[a]
The proposed systems meet the design requirements for an absorption
trench system or other alternative systems 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 absorption trench systems
or other alternative 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 system as well as any applicable
mitigation measures.
(b)
The grant of any waiver under this § 257-62G 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 absorption trench systems or alternative systems will be placed, the potential impact on neighboring parcels, the engineering analyses of the applicant and the Town Engineer, any comments of the Town Planning Board and any other health and safety issues deemed relevant to the waiver application. In all cases, the lot dimensions must allow all parts of the sewer disposal system to be located a minimum of 25 feet from any lot line unless this condition is expressly waived by the Town Board.
Should any wastewater treatment system be located,
installed, constructed, altered, enlarged or extended in violation
of this article, or should this article be otherwise violated, the
Town of Bethel Town Board may maintain an action or proceeding in
the name of the municipality in a court of competent jurisdiction
to compel compliance with the terms of this article or to restrain
by injunction the violation of this article.
[Amended 11-6-2008 by L.L. No. 8-2008]
Any person who violates any provision of this
article shall be subject to a fine not to exceed the sum of $250 or
by imprisonment of not more than 15 days, or both. Each week such
violation continues after notification to the person in violation
shall constitute a separate violation. Such violation notice shall
be served by certified mail, return receipt requested, or by personal
service.
