[Added 10-8-74 by Res. No. 453-1974]
A.
It is hereby declared to be the policy of the County
of Monroe to maintain a reasonable degree of purity of private water
supplies and a reasonable degree of efficiency for private sewage
disposal systems, consistent with the public health, welfare and comfort
of the residents of the county, the business and industrial development
of the county and the protection of property and other resources and
to that end, to require the use of all available practical and reasonable
methods for controlling private water supplies and private sewage
disposal systems in the county.
B.
The necessity for legislative intervention by the
enactment of the provisions of this article is hereby declared as
a matter of legislative determination, and this title shall be liberally
construed to effect its purposes.
C.
Nothing herein contained shall be construed to abridge
the emergency powers of the Board of Health of the Department of Health
or the right of the Department of Health to engage in any of its necessary
or proper activities.
A.
It is the intent and purpose of this article to safeguard
the public health and water resources of the County of Monroe by:
(1)
Providing for review, approval and inspection of individual
sewage disposal systems so as to assure installations consistent with
recognized good practice and providing reasonable efficiency of operation.
(2)
Controlling and abating discharge of sewage from private
sewage disposal systems so that no potential public health hazard
or violation of Article 17 of the Environmental Conservation Law occurs
therefrom.
(3)
Controlling and abating pollution by preventing the
occurrence of any new sources of potential public health hazards related
to private water supplies or private sewage disposal systems.
B.
Such standards, regulations and procedures as may
be deemed necessary by the Board of Health of the Department of Health
shall be incorporated under a program consistent with the above-stated
declaration policy.
As used in this article, the following terms
shall have the meanings indicated:
A system utilized for the collection and disposal of sewage
or other wastes of a liquid nature, including the various devices
for the treatment of such wastes, serving more than one lot, whether
owned by a municipal corporation or private utility.
An area in which open joint or perforated piping is laid
in appropriate aggregate material in trenches or excavations for the
purpose of distributing the effluent discharged from a private sewage
disposal system for absorption into the soil.
The Monroe County Health Director or his authorized representative.
An individual, public or private corporation, political subdivision,
government agency, municipality, industry, copartnership, association,
firm, trust, estate or any other legal entity.
A sewage disposal system or facility that is not directly
connected to an approved community sewerage system and serving a single
residential lot or other facility generating sewage in quantities
of less than 1,000 gallons per day.
A covered pit with open-jointed lining surrounded with washed
gravel or crushed stone through which septic tank effluent may seep
or leach into surrounding ground.
A watertight receptacle which receives the discharge of a
building sanitary drainage system or part thereof and is designed
and constructed so as to separate solids from the liquid, digest a
portion of the organic matter through a period of detention, reduce
the velocity of discharging wastes and allow the liquids to discharge
into the soil outside of the tank through a system of open joint or
perforated piping or a seepage pit.
Human excreta or the water-carried discharges of the human
body and/or the human liquid wastes from the household, such as laundry
wastes, kitchen sink and bathroom fixtures, or liquid wastes of human
origin from business, recreation, industry, trade establishments or
other places.
A watertight conduit for carrying sewage.
A.
No person shall construct a private sewage disposal system in Monroe County unless a permit has first been obtained from the permit-issuing official or until an approval for a realty subdivision has been issued under Article III of this Monroe County Sanitary Code.
B.
No person shall alter, repair or extend a private
sewage disposal system in Monroe County unless a permit has first
been obtained from the permit-issuing official.
C.
Application for a permit shall be made on a form prescribed by the permit-issuing official. Application for approval of a subdivision under Article III constitutes permit application for the lots included in that subdivision. The owner or lessee of the lot shall submit to the permit-issuing official such of the following information as may be necessary to determine whether the construction, alteration, repair or extension will conform to the provisions of these regulations:
(1)
The name and address of the applicant.
(2)
The lot, tax account number, address and detailed
location of the property on which construction, alteration, repair
or extension is proposed.
(3)
A complete plan of the proposed disposal facility
with substantiating data attesting to its compliance with the minimum
standards of the County Health Department.
(4)
Detailed information showing the absorptive qualities
of the soil involved and a conclusion as to the suitability of such
soil for the proposed use thereof. The permit-issuing official or
his representative may request to be present during the performance
of tests designed to show the absorptive qualities of the soil.
(5)
Pertinent groundwater and geological data as the permit-issuing
official may require.
(6)
Evidence to demonstrate to the satisfaction of the
permit-issuing official that there is no community sewer or other
part of the community sewage system within reasonable distance of
such lot into which sewage can be discharged or that it is impracticable
to discharge the sewage concerned into the community sewerage system.
(7)
The number of bedrooms, anticipated sewage flow and
type of use (residential, commercial, etc).
(8)
The location of any water wells within 500 feet of
the proposed sewage disposal system.
D.
The permit-issuing official shall issue a permit when he finds that the proposed design meets the requirements of these regulations. A subdivision approval under Article III of this Monroe County Sanitary Code shall constitute the issuance of permits for the lots contained on that subdivision.
E.
When the permit-issuing official determines that the
proposed design does not meet the requirements of these regulations
or that soil and geological conditions are such as to preclude safe
and proper operation of the desired installation(s) he shall deny
a permit to proceed with the construction, alteration, repair or extension.
F.
The holder of the permit or of a subdivision approval under Article III of this Monroe County Sanitary Code shall notify the permit-issuing official when any installation is ready for inspection. Inspections may be made during the construction to determine compliance with these regulations. No part of any installation shall be backfilled until inspected and backfill authorized by the permit-issuing official or his representative. Any part of an installation which has been covered prior to final inspection shall be uncovered upon order of the permit-issuing official. If the permit-issuing official determines that the installation is satisfactory, he will issue the owner a certificate of approval.
G.
No person shall occupy the premises with a newly built
or reconstructed private sewage disposal system unless a certificate
of approval has been issued by the permit-issuing official.
H.
Any person whose application for a permit under this
section has been denied shall be notified, in writing, as to the reasons
for denial and such person may, after official notification of such
action, file a written request for a hearing with the Monroe County
Health Department.
I.
Any person acting as a builder or developer who receives
a certificate of approval must furnish the purchaser of such lot with
a copy of such certification and a diagram of the facilities as built.
J.
A permit may be revoked if it is found that soil and
site conditions found at some later date differ from conditions described
on the permit application to a degree that would impair proper operation
of the sewage disposal system.
Private sewage disposal systems shall meet the
construction standards as set forth in Standards for Individual Sewage
Disposal Systems, published by the Monroe County Health Department.
Said standards are incorporated by reference in this article.[1]
[1]
Editor's Note: The complete text of said standards
is on file in the offices of the Health Department.
Where a public sanitary sewer is available and
accessible, no person shall construct, repair, alter or provide on
any property a private sewage disposal system for the disposal of
sewage except a temporary privy for use in connection with a construction
project.
No person shall construct, maintain or operate
any private sewage disposal system so as to expose or discharge sewage
or sewage effluent therefrom to the atmosphere or onto the surface
of the ground or into any lake or stream or stormwater sewer or drain
or roadside ditch without the permission of and treatment acceptable
to the County Health Department. When a private sewage disposal system
is constructed, operated or maintained so as to expose or discharge
sewage or sewage effluent as indicated above, the Department of Health
may order that the premises from which the sewage originates be vacated
until repairs are made and permission to occupy is issued, in writing,
by the permit-issuing official.
For safety purposes, all abandoned septic tanks
shall be crushed, removed or filled with stone, earth or sand.
An alternative method of sewage disposal or
a variation may be approved by the permit-issuing official if it provides
equal or better treatment than the minimum requirements provided for
herein or if, in his judgment, it will secure substantially the objectives
of the standards or requirements of these rules and regulations. Variations
shall be specifically approved, in writing, by the permit-issuing
official before construction or installation. Such approval shall
cover the details of construction to be used.
