[Amended 6-24-2014 by L.L. No. 3-2014[1]]
[1]
Editor’s Note: This local law provided an effective
date of 1-1-2015.
A.
Where a public sewer is not available, under the provisions of § 304
of the Act, a building lateral shall be connected to a private wastewater
treatment system complying with the rules and regulations of the NYSDOH,
to be enforced by the Director of Buildings and/or the Nassau County
Department of Health.
B.
No statement in this article shall be construed to interfere with
any additional requirements that may be imposed by the Nassau County
Department of Health, the New York State Department of Health, the
New York State Department of Environmental Conservation and/or the
United States Environmental Protection Agency.
C.
In the event that any section, paragraph, sentence, clause or phrase
of this article shall be declared unconstitutional or invalid for
any reason, the remainder of said article shall remain in full force
and effect.
Except as hereinafter provided, it shall be unlawful to construct
or connect to any privy, privy vault, cesspool, septic tank or other
facility intended or used for disposal of wastewater without certification
that the existing system can handle such additional capacity.
No new connection to any existing septic tank, cesspool, privy
vault, tile absorption field or other similar type means of private
wastewater disposal shall be allowed without certification that the
existing system can handle the additional capacity.
A.
Before commencing construction of any private wastewater disposal
system, the owner(s) shall first obtain a private wastewater disposal
system permit signed by the Director. The permit application form
shall be furnished by the Director of Buildings. The applicant shall
supplement the application with any plans, specifications or other
information deemed necessary by the Director. A permit and inspection
fee in the amount stated on the application form shall be paid to
the City at the time the application is filed with the Building Department.
B.
The type, capacity, location and layout of any private wastewater
disposal system shall comply with the regulations of any other agency
having jurisdiction. No septic tank or cesspool shall be permitted
to discharge to any natural or man-made water conveyance.
A.
A construction permit shall be obtained from the Director before
commencing construction. The Director, or his or her designated representative,
shall be permitted to inspect the construction at any stage without
prior notice.
B.
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction
of the Director. The Director shall be allowed to inspect the work
at any stage of construction, and the applicant shall notify the Director
when the work is ready for final inspection and before any underground
portions are covered. The inspection shall be made within five business
days of the receipt of notice by the Director.
A.
When liquid or liquidborne effluent from a private wastewater disposal
system enters any watercourse, water conveyance, ditch, storm sewer
or water supply system located in the City of Glen Cove in such a
manner, volume or concentration so as to create a hazardous, offensive
or objectionable condition, in the opinion of the Director, the owner
of the premises upon which such wastewater disposal system is located,
upon receiving written notice from the Director to do so shall, within
the time limit prescribed in the notice, abate such nuisance, and,
within 90 days after receipt of such notice, repair, rebuild or relocate
such wastewater disposal system for the purpose of eliminating such
hazardous, offensive or objectionable conditions. The repair, rebuilding
or relocation of the system shall be accomplished at the owner's expense
in accordance with the rules and regulations of the NYSDOH and/or
the Nassau County Department of Health.
B.
At the request of the Building Department Administrator (BDA), the
City Attorney is authorized to make application to Glen Cove City
Court or any other court of competent jurisdiction for the issuance
of a search warrant, to be executed by a police officer, in order
to conduct an inspection of any premises believed to be discharging
any liquid or liquidborne effluent from a private wastewater disposal
system that enters any watercourse, water conveyance, ditch, storm
sewer or water supply system located in the City of Glen Cove in such
a manner, volume, and concentration so as to create a hazardous, offensive,
or objectionable condition. The BDA may seek a search warrant when
the owner or occupant fails to allow inspection of any dwelling unit
where there is a reasonable cause to believe that a violation of this
article, the Building Code, the rules and regulations of the NYSDOH
and/or of the Nassau County Department of Health has occurred after
due notice has been sent by ordinary United States mail. The application
for a search warrant shall in all respects comply with applicable
laws of the State of New York.
A.
Qualifications. The minimum qualifications for an inspector shall
be in addition to completing the required course and passing the test
to insure knowledge of wastewater regulations and inspection procedures:
(1)
Professional engineer, registered architect or licensed land surveyor
with certificate for minor engineering, all of whom are licensed by
New York State to design septic tank systems.
(2)
Glen Cove City Code Enforcement Officers, water supply operators
or sewage treatment plant operators.
(3)
A person who has been in the business and supervising the installation
and repair of septic tank systems on a regular basis in the City of
Glen Cove for five years.
B.
The owner shall operate and maintain each private wastewater treatment
system in a satisfactory manner at all times, and said systems shall
be inspected biannually. The inspection report shall be filed with
the Building Department in a format provided by the Director of Buildings
that shall contain each of the following:
(1)
The location of the wastewater treatment system, including the street
address and Tax Map, block, and lot numbers of the parcel of property
and the location of the system therein with latitude and longitude
coordinates;
(2)
A general description of the wastewater treatment system, including
sizes, dimensions, and a sketch of the system;
(3)
The date(s) of system construction and subsequent repairs, modifications,
or alterations, if available;
(4)
A listing of the wastewater-generating fixtures, which are verified
by dye testing their discharge into the system;
(5)
A description of the occupancy and annual use of the system, including
periods of maximum use;
(6)
A listing of the distances separating the applicant's seepage pits,
treatment fields, and leaching facilities from adjacent wells, watercourse,
or property lines, if known;
(7)
A certification that the integrity of system is not structurally
impaired in any way and is not discharging sewage or wastewater onto
to the surface of the ground or into a watercourse without a permit
from the New York State Department of Environmental Conservation.
C.
Prior to any property transfer, all private wastewater treatment
systems shall be pumped out by a New York State Department of Environmental
Conservation licensed waste hauler, and a report shall be filed with
the Glen Cove Department of Buildings and made available to the proposed
new owner, unless documentation can be furnished that the tank has
been pumped out by a licensed hauler within the last 12 months.
D.
Prior to, or at the time of, property transfer, all wastewater treatment systems shall be inspected in accordance with § 225-23B and a report shall be filed with the Glen Cove Department of Buildings and made available to the proposed new owner.
E.
Notwithstanding any other provision of this article or any permit
issued thereto, no person shall discharge, or cause or allow to be
discharged, sewage or wastewater onto the surface of the ground, or
into a watercourse without a permit from the New York State Department
of Environmental Conservation.
Where a private wastewater disposal system utilizes a cesspool
or a septic tank, septage shall be removed from the cesspool or septic
tank by a licensed hauler every three years, and a report thereof
shall be filed with the Director of Buildings.
A.
When a connection for an existing building is made to any public
sewer, the connection to a private wastewater disposal facility shall
be cut, and both ends of the cut shall be plugged as appropriate.
Any person or entity that shall violate any of the provisions
of this article or who fails to comply with any of the requirements
thereof shall be guilty of a violation, punishable by:
A.
A fine not less than $1,000 and not exceeding $2,000 or by imprisonment
for a period not to exceed 15 days, or both, upon conviction of a
first offense.
B.
A fine not less than $2,000 and not exceeding $3,500 or by imprisonment
for a period not to exceed 15 days, or both, for a conviction of the
second of two offenses, both of which were committed within a period
of five years.
C.
A fine not less than $3,500 and not exceeding $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for a conviction of the
third of three offenses, all of which were committed within a period
of five years.
