Where a public sewer is not available, under the provisions of § 139-17, the building lateral shall be connected to a private wastewater disposal system complying with the provisions of the rules and regulations of the New York State Department of Health, to be enforced by the Superintendent and/or the Town or County Health Department.
A completed application form, containing results of percolation tests, computations and a plot plan, including the design and cross section of the wastewater disposal system, in relation to lot lines, adjacent and on-site well or water supply and buildings, shall be submitted to the Town. The wastewater disposal system shall be designed by a professional engineer, licensed surveyor or architect and shall be in accordance with the New York State Department of Health, Standards for Waste Treatment Works or NYSDEC Standards for Commercial and Institutional Facilities, as appropriate.
When the liquid or liquid-borne effluent from a private wastewater disposal system enters any watercourse, ditch, storm sewer or water supply system located in the Town in such a manner, volume and concentration so as to create a hazardous, offensive or objectionable condition, in the opinion of the Superintendent or the New York State Department of Health, the owner of the premises upon which such wastewater disposal system is located, upon receiving written notice from the Superintendent to do so, shall, 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 in accordance with the rules and regulations of the New York State Department of Health and the Town, at the owner's expense.
The owner shall operate and maintain the private wastewater disposal system in a satisfactory manner at all times, at the owner's expense.
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 of scavenger wastes, at three-year intervals or more frequently.
At such time that a public sewer becomes available to a property, a direct connection shall be made to the public sewer, in compliance with this Part 2, and any cesspool, septic tank and similar wastewater disposal facilities shall be cleaned of septage, by a licensed septage hauler, and finally either filled with clean sand, bank-run gravel or dirt or removed and properly disposed. When the connection is made to the public sewer, the connection to the private wastewater disposal facility shall be broken and both ends of the break shall be plugged, as appropriate.
No two separate permanent buildings, where the intended use for either is for a distinct and separate business or a dwelling place for a private family or families, shall be connected to the same individual septic tank and tile absorption field.
No statement in this article shall be construed to prevent or interfere with any additional requirements that may be deemed necessary by the Superintendent to protect public health and public welfare.