[Adopted 7-11-1960]
This Part 1 shall be known and may be cited as the "Town of Montgomery Sewage Disposal Ordinance."
No septic tank, leaching pit, pipe or other means for the disposal or discharge of sewage or sink wastes shall be installed anywhere in the Town of Montgomery, except as herein provided.
A. 
Application. No installation of any septic tank, leaching pit, pipe or other means for the disposal or discharge of trade wastes, industrial wastes, sewage, excreta, kitchen wastes, sink wastes or laundry wastes shall be begun, nor shall the construction or erection of any structure intended for human occupancy be commenced, until an application duly filled out in duplicate, on forms supplied by the Sanitary Inspector, and drawings showing the intended location of the sewage disposal system proposed to be used in connection with such structure, shall have been filed with the Sanitary Inspector. A duplicate copy of the application will be furnished to the applicant. No work shall be begun until the drawings and application are approved by the Sanitary Inspector, who shall note his approval on the applicant's copy.
B. 
A fee of $1 shall be paid to the Sanitary Inspector at the time of the filing of the application, which fee shall be paid over to the Supervisor of the Town. If a building permit shall be applied for and paid for at the same time that the application is filed for a permit pursuant to this Part 1, there shall be no separate charge for the permit issued pursuant to this Part 1.
Duties of the Sanitary Inspector. It shall be the duty of the Sanitary Inspector to:
A. 
Promptly investigate the proposed installation and approve or disapprove the application; if approved, so note on the original and applicant's copy; issue applicant colored permit (this permit to be prominently displayed on or near the work site).
B. 
See that the provisions of this Part 1 are observed.
C. 
After final inspection, note approval on the original and applicant's copy of the permit and inform the Town Clerk monthly of installations approved or disapproved.
No septic tank, leaching pit or other device for the storage or disposal of human excreta, sewerage, trade wastes or industrial wastes shall be installed unless every part of such installation shall be more than 10 feet from the boundary line of the property on which it is located, 10 feet from the foundations of any building or drinking water supply line and more than 50 feet from any suction line from a well, lake, reservoir, stream or watercourse; nor shall any such installation be located on the direct line of drainage to nor less than 50 feet in a horizontal direction from any well in which the casing extends watertight to a depth of 50 feet or more nor less than 100 feet in a horizontal direction from any other type well, spring or other source of water supply. No sewer line shall pass closer than 25 feet to any well, 10 feet to any drinking water supply line or five feet to any basement foundation, and any sewer pipe within 50 feet of any well or spring shall be watertight pipe with lead-caulked or equal approved joints.
No person, firm or corporation, either as owner, lessee or tenant of any property, dwelling, building or place, shall construct or maintain any leaching pit, septic tank, sewage disposal system, pipe or drain so as to expose or discharge the contents or other liquid or matter therefrom to the atmosphere or on the surface of the ground or so as to endanger any source of drinking water; nor shall any such person, firm or corporation discharge into any watercourse, storm drain or body of water any sewage or sewage effluent from a leaching pit, septic tank, sewage disposal system, pipe or drain, except as permitted under the provisions of the Public Health Law.
A. 
The "water carriage system" is a system of piping through which all sewage and domestic liquid wastes are conveyed by the flow of water from the point of origin in a place of human habitation to the point of disposal.
B. 
All waterborne sewage disposal systems serving less than 25 persons shall include a septic tank of durable construction, proper size and design. Sewage disposal systems serving more than 25 persons shall be installed in accordance with requirements of the State Department of Health.
C. 
The plans will be examined on the basis of the sewage flows noted in the following:
Units
Gallons Per Day Per Person
Camps
25 to 75
Small dwellings
75
Large dwellings, boarding schools, etc.
75 to 100
Institutions
75 to 125
Day schools
15
Factories
25
D. 
No septic tank shall be installed unless it shall have a net capacity below the flow line of at least 500 gallons. Septic tanks should preferably be with an effective liquid depth of at least four feet and a length of at least twice and not more than four times the width. A tank of such capacity installed to serve a residence shall be considered adequate for a three-bedroom house, and wherever the population tributary to a septic tank shall exceed six, the capacity of the tank shall be increased by 75 gallons for each person in excess of six or by 150 gallons for each bedroom over three. All such tanks up to eight feet in length shall be of a single tank design; eight feet or longer, they shall have a partition from 65% to 75% from the inlet end.
E. 
Metal septic tanks are acceptable if they are completely coated inside and outside with a heavy protective coating of material suitable for preserving steel against both septic sewage and moist soil. In the smaller sizes, they shall be 14-gauge or heavier metal and preferably should be made of pure iron or copper bearing steel. Where the coating of the metal tanks has been damaged, the tank shall not be used unless the coating is restored.
F. 
Construction.
(1) 
The septic tank construction shall be of concrete or other suitable material to ensure proper efficiency of the tank. Prefabricated tanks are acceptable if they embody the recommended features of design and capacity.
(2) 
Small septic tanks used for individual residence installations shall have single submerged inlet and outlet connections or single baffle walls at the inlet and outlet ends. The inlet baffle should extend 12 inches and outlet baffles 15 inches to 18 inches below the liquid level and they shall project not less than six inches above the flow line. Where baffles are used in lieu of the submerged inlet and outlet, they shall be of concrete placed approximately 12 inches from the inlet and outlet ends of the tank. The invert of the inlet shall be at an elevation three inches above the invert of the outlet.
(3) 
The septic tank slab shall be designed for a dead load of not less than 150 pounds per square foot. When constructed of concrete, the slab shall be reinforced and at least four inches thick. The tank shall have at least one manhole, having area of 20 inches square or circular opening of at least 24 inches in diameter.
G. 
Wherever septic tanks are approved for installation to serve business or commercial buildings, a tank of 500 gallons' net capacity shall be considered adequate for 10 employees and shall be increased by 25 gallons for each additional employee.
H. 
Where wastes contain oil, such wastes shall first pass through an approved oil separator (minimum capacity 25 gallons) placed at an easily accessible location.
I. 
Drains through the foundation shall be of four-inch cast-iron soil pipe with a suitable tight connection made to same with either cast-iron or fibre pipe of the same diameter and to extend a distance of at least 10 feet from the foundation to the installed septic tank. The house sewer shall be vented through the roof with at least a three-inch vent, so that full circulation of air is established at all times. If kitchen or other plumbing fixtures are vented into the house sewer, the vent shall be increased to a four-inch pipe through the roof. No roof leaders or floor or cellar drains are to drain to septic tanks. Septic tank effluents shall be disposed of by discharging to subsurface tile systems leaching pits, sand filter or by such other means as approved in writing. Sewer lines to septic tanks and from septic tanks to the leaching system shall be made watertight and shall be protected from damage by roots and other causes.
A. 
Subsurface tile field shall be used where the more porous natural earth is close to the surface where it is desired to give private water supplies the maximum protection and where the porosity shall not be less than one inch fall to 60 minutes.
B. 
Dosing tanks shall be used in systems with over 500 feet of tile and shall be equipped with automatic siphons and have a dosing capacity equal to 60% to 75% of the interior capacity of the pipe in the portion of the subsurface tile system which is dosed at one time. Where the total length of the tile laterals exceeds 1,000 feet, the dosing tank shall be provided with two siphons, each serving 1/2 the tile field and dosing in alternation. Standard siphons must be used but alternating service shall be specified. If inadequate head is available to permit the use of siphons, a pump shall be substituted for each siphon.
C. 
Main distributors shall have diameters of not less than four inches and be laid with tight joints on uniform slopes not greater than 1% or approximately 1/8 of an inch per foot where a dosing tank is used, the slope shall be 0.5% or 1/16 of an inch per foot. Lateral distributors comprising the tile field shall be four inches in diameter and shall be laid in trenches not less than 12 inches wide nor more than 36 inches wide, and not less than 18 inches nor more than 30 inches deep, depth less than 24 inches being preferable. The bottom of the trenches and lateral distributors must be on a slope of 1/16 inch per foot or 1/32 inch per foot if dosing devices are employed. The spacing between lateral distributors shall be at least three times the trench width but not less than four feet. Where excessive slopes are encountered, drop manholes shall be used on main distributors. Perforated pipe or vitrified clay pipe with open joints may be substituted for the farm tile laterals. When perforated pipes are used, the holes shall be placed so the liquid will escape at an equal rate along the entire lateral. If the laterals are constructed of agricultural drain tile or vitrified clay pipe, they shall be laid with open joints 1/8 inch to 1/4 inch wide and protected with strips of tar paper or other approved material laid over the top and 2/3 around the circumference of the pipe. All laterals shall be surrounded by graded gravel or broken stone 1/2 inch to one inch in size from a level of at least two inches below the bottom of the pipe to a level of at least four inches above the top of the pipe. Before backfilling, a single layer of building paper or a thick mat of hay or straw shall be placed on top of the gravel or broken stone and across the full width of the trench. The placing of distributors or laterals over water service lines is prohibited. Curtain drains of suitable depth and location shall be provided to intercept surface and groundwater and the tile field system shall be protected from damage by roots. In systems not employing dosing devices, uniform distribution of sewage to the various laterals shall be accomplished by providing manholes or diversion boxes.
D. 
Laterals shall not be nearer than 50 feet to any lake, stream, watercourse or other body of water unless approved by the State Department of Health and must not be laid in swampy soil or in soil that cannot take care of drainage. The bottom of tile field trenches shall be at least two feet above the maximum ground water table and at least three feet above solid rock or other impervious formation.
E. 
A distribution box or chamber must be provided, into which the septic tank effluent discharges and from which the sewage enters the subsurface disposal field lines.
F. 
The inlet pipe should enter at the end of the box two inches above the bottom. The sides of the box shall extend 12 inches above the invert of the inlet pipe, and the box shall be provided with a removable cover. The cover of the box shall be placed 12 inches to 18 inches below the surface of the ground. Drainage lines shall be constructed with inverts at bottom level of the box or one inch above the bottom, and all shall be set at the same elevation. They shall run straight, all horizontal bends shall be avoided and they should be made with tight joints. When set at the same elevation and operating under the same head, pipes all of the same size shall receive an equal flow. Lines shall run from an elevation two to six inches above the bottom of the box and shall leave the box at the same elevation. The box need not be more than 18 inches in width nor longer than is necessary to accommodate the drain lines.
G. 
Percolation tests for subsurface tile field. The square feet of absorption area required shall be determined by the results of soil percolation tests and in accordance with Table 2,[1] except that the minimum amount of tile required will be 100 feet. To make this percolation test, dig a hole approximately one foot square and to a depth equal to that at which it is proposed to lay the tile drain. Fill with water to ensure moistening of the soil and allow the water to seep away. Then, with the bottom of the hole still moist, fill to a depth of six inches with water and observe the average time for the water level to fall one inch. Use the figure in Table 2 or 3,[2] whichever applicable, to find the absorption area required. Percolation tests shall not be made in frozen or filled-in ground except that tests may be made in fill after a six-month settling period or after suitable stabilization.
[2]
Editor's Note: Table 2 and Table 3 are included as attachments to this chapter.
H. 
Allowable width.
(1) 
The allowable width of a trench shall be based upon the porosity of the soil, as determined by percolation test as follows:
(a) 
When the time for water to fall one inch is three minutes or less, the trench width shall be 12 inches to 18 inches allowing one or 1 1/2 square feet of percolation per linear foot of tile.
(b) 
When the time for water to fall one inch is from four to nine minutes, the trench width shall be not greater than 24 inches allowing two square feet of percolation per linear foot of tile.
(c) 
When the time for water to fall one inch is from 10 minutes to 60 minutes, the trench width shall be not greater than 36 inches allowing three square feet of percolation per linear foot of tile. The narrower width trenches shall be used where possible.
(2) 
One foot of four-inch tile in a trench 12 inches wide equals one square foot. Proportionate reduction in indicated length shall be permitted where trenches are wider than 12 inches as explained under § 185-7H.
A. 
Leaching pits are applicable where the topsoil is underlaid with sand, gravel or similar natural porous material. They shall be made of durable material and construction and of such proportions that the side area is approximately three times the bottom area. The flow of settled sewage to the seepage pits shall provide equal distribution to each pit, the minimum distance between center of pits shall be at least three times their diameter.
B. 
The bottom of the leaching pits shall be at least two feet above the maximum groundwater table and at least three feet above solid rock or other impervious formation.
C. 
The leaching area required for such installations shall be determined by the results of percolation tests in accordance with Table 3,[1] but no permit will be issued for a leaching pit unless the character of the soil in which it is to be located is such that groundwater flow appears to be away from any adjoining property within 50 feet and away from any source of water supply. No permit shall be issued for any leaching pit where, in the judgment of the Sanitary Inspector, such installations shall be dangerous to adjoining property.
D. 
Effective leaching area shall be calculated as the outside area of the well below the inlet plus the inside bottom area.
E. 
A test showing a rate of percolation slower than one inch per hour would indicate that disposal of sewage by subsurface method is not suitable and that other methods of disposal, such as the use of a sand filter, should be used.
A. 
Where the soil is so tight or impervious that subsurface tile systems or leaching pits are not practical, a subsurface sand filter shall be employed with a suitable outlet watercourse.
B. 
The area of the sand filter shall be sufficient to provide for a filtration rate not greater than 1.15 gallons per square foot per day and shall be constructed as follows:
(1) 
The distributors and underdrains of the sand filter installation shall be laid in clean graded gravel of a size ranging from 1/4 inch to one inch so as to provide a gravel layer of at least two inches below and four inches above the bottoms and tops of the distributors and underdrains.
(2) 
The distributors shall be laid in gravel above the sand bed, shall be connected to a watertight pipe laid on a slope of 0.5% from the septic tank, distribution box or dosing tank; shall be either perforated or open-joint pipe, shall be laid parallel on six-foot centers; shall be four inches in diameter; and shall be laid on a slope of 0.3% when a dosing tank is used or 0.5% when no dosing tank is installed.
(3) 
The underdrains laid in gravel below the sandbed shall be connected to watertight pipe leading to the outlet watercourse; shall be either perforated pipe or open-joint pipe; shall be laid parallel on six-foot centers; shall be four inches in diameter; and shall be laid on a slope of 0.3%.
(4) 
The sand portion of the filter shall be 24 inches to 30 inches in depth and shall be placed upon the gravel layer in which the underdrains are located. The sand shall be clean course sand, all of which will pass a one-fourth-inch mesh screen and shall have an effective size of between 0.25 millimeters and 0.5 millimeters and shall have a uniformity coefficient not greater than four.
(5) 
The entire filter shall be covered with a layer of hay or tar paper prior to covering with earth to the desired grade.
(6) 
Chlorination of the effluent from sand filter installations prior to discharge into the receiving watercourse shall be required whenever disinfection of the sewage is considered to be necessary in order to provide for the protection of water supplies, bathing and other recreational areas. When chlorination of the effluent from a sand filter installation is considered to be necessary, chlorine shall be applied to the effluent at a rate sufficient to maintain at all times a residual of not less than 0.5 parts per million of chlorine in the treated effluent after a fifteen-minute contact period between the sewage effluent and applied chlorine. In order that the chlorine contact period shall not be less than 15 minutes, a tank or its equivalent shall have a capacity sufficient to provide for a detention of 30 minutes based on the average sewage flow.
C. 
In installations having an area of 1,800 square feet or less with 300 linear feet of distributors or less a dosing tank may be omitted and a distribution box used, but for larger installations the distributors shall be dosed by a dosing system or pump. The capacity of a dose shall equal 75% of the volume of the distributors dosed at one time. In larger installations having 800 feet of distributors or more a filter shall be constructed in two or more sections with alternating siphons to alternate the flow to the different sections.
D. 
If a site having a minimum distance of 300 feet from a structure intended for occupancy is available the filter may be left uncovered, in which case no distributors will be required and a dosing rate of 100,000 gallons per acre per day may be employed. Such a filter must be divided into two or more beds and will require the dosing devise to dose the bed to a depth of two inches to four inches. Open filters which are operated in the winter, shall require suitable preparation before cold weather begins and the dosing equipment must be protected against freezing.
A. 
"Non-water-carriage disposal" is defined as a device for the disposal of human excreta in a pit of the earth, where water carriage systems of disposal cannot be provided.
B. 
Privies shall be permitted for temporary use in construction work; and, all privies in existence at the time of the adoption of this Part 1 shall not be affected by this Part 1 so long as they do not constitute a public or private nuisance or any form of health menace.
Nothing contained in this Part 1 shall be construed to permit the installation or maintenance of disposal facilities which are or may become a nuisance.
The Town Health Officer may at any time by inspection determine that existing sewage disposal facilities on a property are inadequate or do not function properly, or that there is not available an adequate supply of water for use in connection therewith. In such cases, the Health Officer shall notify the owner of the said premises in writing of such fact, and a copy of such notice shall be sent to the Town Clerk. Upon receipt of such notice, it shall be the duty of the owner, within 10 days, to make application to the Town Clerk for a permit for reconstruction or alteration within 30 days after receipt of said notice. Unless such required reconstruction or alteration shall have been completed within the 30 days, it shall be unlawful and improper to use the said premises for human occupancy until such required reconstruction or alteration shall have been completed and approved. The fee for reconstruction or alteration permits shall be the same as that for a new installation, and such work shall be inspected and approved for new installation.
Any violation of this Part 1, either by the occupancy of a structure without a duly authorized certificate of approval or by the installation or use of a septic tank, leaching pit, or discharge pipe, without compliance with the terms and provisions aforesaid, or any violation of any terms and provisions of this Part 1, is hereby declared to be an offense against this Part 1, as provided by § 135, Subdivision 2, of the Town Law and shall render the owner of the land whereon the same was installed, or the tenant or the person so installing the same, or any other person liable to a fine not to exceed the sum of $50. Each week's continued violation after notice thereof shall constitute a separate additional violation.