[Adopted 8-8-1988 by L.L. No. 4-1988]
In order to promote a healthy environment and to protect the residents of the Town of Lenox from unhealthy conditions due to improper sanitary facilities, the Town has adopted this Part 2 governing sanitation.
This Part 2 shall apply to the construction and use of a new individual sewage treatment system designed to discharge sewage without the admixture of industrial or other wastes to the groundwaters of this Town from a building and when the sewage flow is not more than 1,000 gallons per day. This Part 2 does not apply to replacement of existing septic tanks or adsorption fields in-kind.
A. 
All sanitary facilities or any other facility from which sewage emanates shall be connected to a community sewage disposal system, if available, accessible and within 200 feet of said facilities.
B. 
If there is no community sewage disposal system available and accessible, an individual sewage treatment system approved by the Sanitary Officer may be used.
C. 
No person shall construct or maintain an individual treatment system, pipe or drain so as to expose or discharge the sewage contents therefrom to the atmosphere or onto the surface of the ground or into any storm sewer, drain or roadside ditch, nor so as to discharge into any watercourse or body of water contained within Lenox, unless approval for such discharge shall have been issued in accordance with the provisions of the New York State Environmental Conservation Law and the Sanitary Officer is satisfied that no public health is adversely affected.
A. 
The design, construction, installation, location, maintenance and operation of individual sewage treatment systems shall conform with New York State Department of Health standards as filed with the New York State Secretary of State, 10 NYCRR Appendix 75-A, more commonly known as, "Waste Treatment Handbook, Individual Household Systems."
B. 
Design of both conventional and alternate systems must be by a professional engineer licensed in New York State. Supervision of construction is also required on alternate systems, as defined by 10 NYCRR Appendix 75A and the New York State Department of Health.
C. 
A percolation test, as defined in 10 NYCRR Appendix 75-A, shall be performed and certified by a professional engineer licensed in New York State.
D. 
The systems which are approved under the generic "specific waiver" are as follows:
(1) 
Where high groundwater or bedrock conditions exist, but percolation is not a problem, a raised-bed system with gravity distribution may be used. The fill material should be allowed to stabilize naturally, but compaction will be allowed if fill is compacted in nine-inch layers to an eighty-five-percent compaction utilizing a standard proctor compaction test certified by a licensed engineer or land surveyor. The bottom of the trench shall be at least two feet above groundwater and four feet above bedrock.
(2) 
Where percolation rates are too slow to allow installation of a conventional system, the following two alternatives may also be allowed:
(a) 
Evapotranspiration - Absorption (ETA) System as reflected on pages 27 through 29 of the current Waste Treatment Handbook — Individual Household Systems.
(b) 
EPA/Wisconsin Mound System as detailed on pages 239 through 255 of the EPA Design Manual — Onsite Wastewater Treatment and Disposal Systems, may be used. A mound system requires pressure distribution of the effluent into the mound.
(3) 
The signed and stamped plans are to be submitted to the Town of Lenox Sanitary Code Officer for review. Plans shall include result of soil evaluation and percolation test; separation distances to wells; house property line, etc., as well as the details of the system.
(4) 
Soil investigation. A deep hole shall be dug to a minimum depth of four feet below the final absorption trench bottom. The depth to bedrock or groundwater, if found, shall be reported. At least four feet of usable soil should be available over impermeable deposits (i.e., clay or bedrock).
A. 
No individual sewage treatment system or part thereof shall be constructed, installed, altered or extended until the property owner or his duly designated representative shall have first applied for and received an installation permit or a renewal thereof.
B. 
Application for an installation permit shall be made in writing on forms provided by the Town and shall be accompanied by such data, including but not limited to maps, soil analyses, test borings, percolation tests, groundwater and flood elevations and detailed plans of the proposed individual sewage treatment system certified by a New York State licensed engineer.
C. 
Each application for a permit shall be accompanied by a nonreturnable fee of $25, and each renewal shall be issued free.
D. 
If the design, construction, installation, location, maintenance and operation of individual sewage treatment systems does not conform with NYSDOH standards as filed with the New York State Secretary of State, 10 NYCRR Appendix 75-A, known as "Waste Treatment Handbook — Individual Household Systems," the Sanitary Inspector may refuse to issue or renew an installation permit to construct an individual sewage treatment system. He may also revoke or suspend a permit, after notice and a hearing before the Town Board, if upon review of submitted information the system cannot be constructed in accordance with Appendix 75-A.
E. 
After the Town of Lenox Sanitary Officer declines to approve any proposed installations, the applicant may appeal to the Town of Lenox Board. The approval or rejection of the Board shall be final and conclusive.
Any permit pursuant to § 102-58 of this Part 2 shall be valid for six months after its issuance and may be renewed for six more months. This may be done for an unlimited number of times; however, the renewal must be done in writing and submitted before expiration of the original permit or previous renewal and is subject to refusal.
Should the property for which a permit has been issued change ownership, the permit may, with written approval of the Sanitary Officer, be transferred to the new record owner. Such transfer must be by request in writing on a form prescribed by the Sanitary Officer and signed by the previous permit holder and new property owner.
A. 
Conventional system inspection. After installation of the individual sewage treatment system has been completed, no portion of a conventional system shall be covered with soil or placed in operation until it is first inspected and approved by the Town of Lenox Sanitary Code Officer.
B. 
Alternate system inspection. After construction, installation or alteration of the individual sewage treatment system has been completed, no portion of an alternate system shall be covered with soil or placed in operation until it is first inspected and approved by the designing engineer licensed in the State of New York and said engineer delivers a certified letter confirming such inspection to the Town of Lenox Sanitary Officer.
C. 
The individual sewage treatment system may not be backfilled without authorization of the Sanitary Officer and may be required to be uncovered if backfilled without said authorization.
D. 
The property owner or his designated representative shall not use or permit the use of the treatment system until a certificate of approval has been issued by the Sanitary Officer.
The Sanitary Officer for the Town of Lenox shall have the authority to inspect existing sewage disposal facilities to determine that they function properly. Where an existing sewage disposal facility has been found to be inadequate, the Inspector shall notify the owner, in writing, of such deficiency, and a copy of the notice shall be filed with the Town of Lenox Town Clerk. Upon receipt of such notice, it shall be the duty of the owner, within 10 days, to make application to the Town of Lenox Town Clerk for a permit to reconstruct or alter such disposal system and to complete such reconstruction or alteration within 30 days. It shall be unlawful and improper to use the said premises for human occupancy until such reconstruction and/or alteration is completed and approved. The fee for a reconstruction and/or alteration permit shall be the same as that for a new installation, and such work will be inspected and approved in the manner for new installations. Upon written request, an extension of 30 days may be granted in writing by the Sanitary Officer.
If the Sanitary Officer is the owner of or is involved in work on the premises to be inspected, or if there shall otherwise be any conflict of interest, the Town Board shall appoint a qualified individual to perform such duties.
The Code Enforcement Officer shall make provisions for a system of records of the activities specified in this section of sanitary permit applications, sanitary permits issued, renewals, orders of compliance and of fees charged and collected, if any.
A. 
If no other penalty for violation of any part of this Part 2 or orders issued in compliance with this Part 2 is provided otherwise by law, a person violating such part of this Part 2 or such orders shall be punishable by a fine of $250 and/or up to 15 days' imprisonment, and each day such violation continues shall constitute a separate violation.
[Amended 11-14-1994 by L.L. No. 2-1994]
B. 
An action or proceeding in the names of the Town of Lenox may be commenced in any court of competent jurisdiction to compel compliance with or restrain violation of this Part 2 or orders issued in compliance with this Part 2.