This chapter shall be known as the "Individual
On-Site Wastewater Treatment System Law of the Town of Farmington."
[Amended 1-23-2024 by L.L. No. 2-2024]
The purpose of this chapter is to preserve and protect public
health and the quality of surface water and groundwater in the Town
of Farmington by mandating the adequate performance of on-site wastewater
treatment systems to prevent health hazards and adverse impacts upon
the environment. Specifically, this chapter is intended to ensure
wastes treated by on-site wastewater treatment systems:
A.
Do not
pollute or contaminate any surface water or groundwater source utilized
for domestic drinking water supply or recreational purposes; and
B.
Are not
accessible to any carriers of disease; and
C.
Do not
give rise to a nuisance due to odor or unsightly appearance; and
D.
Are not
a source of nutrient pollution and do not contribute to excessive
aquatic weed growth or harmful algal blooms in streams or other bodies
of water.
[Added 1-23-2024 by L.L. No. 2-2024]
Enactment of this chapter is pursuant to Article 2 of the New
York State Municipal Home Rule Law and Article 3 of the New York State
Public Health Law.
[Amended 1-23-2024 by L.L. No. 2-2024]
This chapter shall govern the treatment of sewage by regulating
the operation of all on-site individual wastewater treatment systems
(hereinafter referred to as an "on-site wastewater treatment system")
and the maintaining of operating records for all on-site wastewater
treatment systems within the Town of Farmington.
[Amended 1-23-2024 by L.L. No. 2-2024]
As used in this chapter, the following terms shall have the
meanings indicated:
An on-site wastewater treatment system that meets the design standards contained in this chapter of the Town Code and shows no evidence of failure. Such system shall be periodically inspected and found not posing a public health threat by virtue of meeting the criteria specified in § 126-20 herein. For this chapter, an "adequately functioning" system shall always include a watertight vessel.
The Code Enforcement Officer, or other official(s) designated
by the Farmington Town Board, or other regulatory agency having the
responsibility to enforce the provisions of this chapter shall include,
but not be limited to, the New York State Department of Health (NYSDOH),
the Ontario County Soil and Water Conservation District (OCSWCD),
or the New York State Department of Environmental Conservation (NYSDEC).
For determining the size of an on-site wastewater treatment
system, "bedroom and/or bedroom equivalent" shall mean a room with
certain features characteristic of bedrooms, generally, which include,
but are not limited to, the following:
Includes Ontario County Soil and Water District personnel
or personnel approved by the authority having jurisdiction that is
part of the New York State Onsite Wastewater Treatment Training Network
(OTN).
A use of land with an associated building and wastewater
treatment system that is modified to likely cause an increase in hydraulic
loading (e.g., change from an existing commercial use to a residential
use; change of an existing residential use to a commercial use; change
of a commercial use to a different type of commercial use; etc.).
A change of use shall also include the removal and replacement of
a manufactured or mobile home dwelling.
The Town official as is further defined in Chapter 74 of the Town of Farmington Town Code.
The transfer of the title of real estate, in the form of
a deed or other legal instrument, filed in the office of the Ontario
County Clerk, which involves none of the transferors of such deed
or other legal instrument remaining in possession of such real estate.
Non-arm's-length transfers of title, transfers of an interest
in title where one or more of the transferors remain in possession
of such real estate and transfers of title to a spouse and/or one
or more children, including transfers from a transferor's estate,
shall not be considered conveyance of real property.
A person licensed or registered in the State of New York
and authorized by the New York State Education Law to design the systems
described in 10 NYCRR Appendix 75-A.
The biological and physical treatment of wastewater to reduce
the amount of biochemical oxygen demand (BOD) and total suspended
solids (TSS) of wastewater effluent prior to distribution to an absorption
area.
Premanufactured structures that provide enhanced treatment
of wastewater prior to discharge to a subsurface soil absorption area.
A condition existing within an on-site wastewater treatment
system which causes the system to function in an unsanitary manner
and which results in the discharge of untreated or partially treated
wastewater onto ground surface, into surface water, into the groundwater,
or which results in failure of building plumbing to discharge properly.
Meeting any of the following criteria shall constitute failure:
Lack of a watertight vessel (i.e., septic, aerobic treatment
unit, etc.) prior to any subsurface treatment/absorption system.
There is a discharge of effluent directly or indirectly to the
ground surface and ponding, surface outbreaks or saturated soils are
over the absorption area.
"Cheater" or direct pipe surface discharge to include surface
discharge of greywater.
A dye test results in the presence of dye on the ground surface.
There is a backup of sewage into the home, building or facility
as a result of an overloaded or clogged absorption area.
The septic tank requires pumping more than four times per year
and/or sewage is observed running back into the septic tank from the
absorption area during pumping.
All wastewater from a building except from flush toilets
and urinals.
A watertight tank that holds raw sewage and untreated effluent
without an outflow. All holding tanks shall be equipped with an alarm
(audible and visual) located in a conspicuous place to indicate when
pumpout is necessary. The property owner shall have a contract for
service with a New York State Department of Environmental Conservation
(NYSDEC) permitted septage waste transporter to pump the holding tank
as needed.
The municipal corporation charged with authority to act as
the local Board of Health as defined by the New York State Public
Health Law.
Routine maintenance and repairs to an approved on-site wastewater
treatment system, including but not limited to the following: replacement
of a septic tank cover or baffles, replacement of distribution box
covers, replacement of cracked pipes, pumping of the septic tank,
and replacement of mechanical pumps and devices. "Minor alterations"
shall not include replacement of a septic tank, distribution box,
or any addition, alteration or rearrangement of water distribution
or drainage piping. Like examples of minor alterations not specifically
listed in this definition shall be determined by the authority having
jurisdiction.
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.
A written permit issued by the Code Enforcement Officer.
Industry professional who has been trained and has successfully
completed the 7 1/2 hour course for inspecting existing residential
on-site wastewater treatment systems and has received a registration
number from the New York Onsite Wastewater Treatment Training Network
(OTN) indicating such. If the OTN stops registering inspectors, the
authority having jurisdiction will work with the Code Enforcement
Officer to administer a training program and publish a list of approved
inspectors for the public.
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.
The manual adopted by and maintained by the Farmington Town
Board providing design and criteria for approving development within
the Town of Farmington.[1] As pertaining to the provisions in this Chapter 126 of the Farmington Town Code, Section 2, Design Criteria, Subsections 2.01A and B of the Site Design and Development Criteria Manual pertain to the design criteria for operating and maintaining on-site wastewater treatment systems within the Town of Farmington.
An on-site wastewater treatment system that does not meet
the design standards specified in this chapter of the Farmington Town
Code but shows no evidence of failure.
That portion or portions of a building consisting of all
reconfigured spaces as indicated on the construction documents. "Work
area" excludes other portions of the building where incidental work
entailed by the intended work must be performed and positions of the
building where work not initially intended by the owner is specifically
required by this chapter.
[1]
Editor's Note: The Site Design and Development Criteria
Manual is on file in the Town offices.
