[Adopted 7-26-1999 by L.L. No. 2-1999[1]]
[1]
Editor's Note: This local law repealed former Art. II, Sewer
Use, adopted 5-13-1996 by L.L. No. 2-1996, as amended.
This article shall be known as the "On-Site Individual Wastewater Treatment
System Law of the Town of East Bloomfield."
This article shall govern the treatment of sewage by regulating all
on-site individual wastewater treatment systems (hereinafter referred to as
a wastewater treatment system).
The purpose of this article is to promote the health, safety and general
welfare of the community, including the protection and preservation of the
property of its inhabitants by regulating wastewater treatment systems so
that human sewage and other wastes are disposed of in a manner that will not
create a health hazard, adversely affect the environment, create a nuisance
or impair the enjoyment or use of property.
Enactment of this article is pursuant to Article 2 of the Municipal
Home Rule Law and Article 3 of the Public Health Law.
In addition to the definitions contained in the New York State Public
Health Law and Uniform Fire Prevention and Building Code, which are incorporated
herein by reference, the following words and terms shall be defined as follows:
A wastewater treatment system inspected pursuant to § 105-23B of this article that is determined by the Code Enforcement Officer as not posing a public health threat by virtue of aboveground seepage or contamination of surface or ground water. For the purpose of this article, an adequately functioning system shall always include a watertight vessel.
A use of land with an associated building and wastewater treatment
system that is modified so as to likely cause an increase in hydraulic loading
(e.g., change from an existing commercial use to residential use; change of
an existing residential use to commercial use; change of a commercial use
to a different type of commercial use). A change of use shall also include
the removal and replacement of a manufactured or mobile home dwelling.
The official designated by this article as having the authority to
enforce the provisions of this article.
The transfer of the title of real estate from one to another, in
the form of a deed or other legal instrument, filed in the office of the Ontario
County Clerk.
A person licensed or registered in the State of New York and authorized
by New York State Education Law to design the systems described in 10 NYCRR
Appendix 75-A.
The municipal corporation charged with authority to act as the Local
Board of Health as defined by New York State Public Health Law.
Routine maintenance and repairs to the wastewater treatment system,
including but not limited to the following: replacement of septic tank covers
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 drainage
piping. Like examples of minor alterations not specifically listed in this
definition shall be determined by the Code Enforcement Officer.
Any building constructed or placed on an undeveloped site requiring
the installation of a wastewater treatment system and currently not utilizing
the same.
A written permit issued by the Code Enforcement Officer.
A complete system of piping, watertight vessels or other facilities
for the on-site collection, transport and treatment of sewage.
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.
A.
It shall be unlawful to install, construct, alter, replace, enlarge, extend or otherwise modify any wastewater treatment system unless a wastewater treatment permit is issued by the Code Enforcement Officer, except as specifically exempted in § 105-16 of this article.
C.
It shall be unlawful to use or maintain any wastewater
treatment system that is not adequately functioning.
D.
It shall be unlawful to discharge anything but sewage
into a wastewater treatment system. Surface and subsurface water, including
roof, cellar, foundation and storm drainage, shall not be discharged into
the wastewater treatment system and shall be disposed of so as to in no way
affect the proper functioning of the system.
A.
Individual household systems. Any wastewater treatment
system for new individual household construction shall be designed and built
according to the requirements of this article and the requirements, as they
may from time to time be amended, of the New York State Department of Health
(NYSDOH) standards for sewage disposal for individual household systems. Those
design requirements are found in Appendix 75-A of Part 75 of Title 10 of the
New York Code of Rules and Regulations (10 NYCRR).
B.
Intermediate-sized sewerage systems. Any wastewater treatment
system for new commercial, industrial or institutional construction, as well
as cluster housing or other multihome developments, shall be designed and
built according to the requirements of this article and the requirements,
as may be from time to time be amended, of the New York State Department of
Environmental Conservation (NYSDEC) standards for sewage disposal for intermediate-sized
sewerage facilities. Those design requirements are found in NYSDEC manual
Design Standards for Wastewater Treatment Works: Intermediate-sized Sewerage
Facilities.
A.
Individual household systems. Any installation, construction,
alteration, replacement, enlargement, extension, repair or other modification
of an existing on-site individual household wastewater treatment system shall
be designed and built according to the requirements of this article and the
requirements, as they may from time to time be amended, of the NYSDOH standards
for sewage disposal for individual household systems. Those design requirements
are found in Appendix 75-A of Part 75 of Title 10 of the New York Code of
Rules and Regulations (10 NYCRR).
B.
Intermediate-sized sewerage systems. Any installation,
construction, alteration, replacement, enlargement, extension, repair or other
modification of an existing intermediate-sized sewerage system shall be designed
and built according to the requirements of this article and the requirements,
as may from time to time be amended, of the NYSDEC standards for sewage disposal
for intermediate-sized sewerage facilities. Those design requirements are
found in NYSDEC manual Design Standards for Wastewater Treatment Works: Intermediate-sized
Sewerage Facilities.
A.
Minor alterations to wastewater treatment systems shall
not require a wastewater treatment permit, provided that such repairs are
made with like or similar materials so as to replace existing conditions in
need of repair and are done in a safe and sanitary manner.
B.
The design standards found in § 105-15 of this article shall not apply to existing wastewater treatment systems legally installed, repaired or approved by the Code Enforcement Officer prior to the date of adoption of this article and after the dates identified in Subsection B(1) and (2) identified below or those systems determined by the Code Enforcement Officer to be adequately functioning.
On sites with topographic, physiographic or other limitations, the Code
Enforcement Officer shall utilize current technology and design methods to
remedy failed or improperly functioning systems, provided that applicable
state standards, to the greatest extent possible, are complied with. In considering
site limitations, the Code Enforcement Officer shall take the following into
consideration:
Wastewater treatment systems shall be maintained in good working order.
There shall be no activities or conditions permitted which would interfere
with the proper operation of wastewater treatment systems. It is specifically
prohibited to construct or place buildings, to install paving, to plant trees
or shrubs, to regrade or place fill, to allow crossing by vehicles, to install
aboveground pools or to install driveways or parking areas over sanitary disposal
fields.
In addition to approvals required herein, a review and approval by the
New York State Department of Health (NYSDOH) or the New York State Department
of Environmental Conservation (NYSDEC), if appropriate, shall be required
for the following conditions:
A.
Any realty subdivision as defined by Article 11, Title
II of the New York State Public Health Law or Article 17, Title 15 of the
New York State Environmental Conservation Law.
B.
Any alternative system as defined by Appendix 75-A of
Part 75 of Title 10 of the New York Code of Rules and Regulations (10 NYCRR).
C.
Any facility required to be permitted by the NYSDOH.
D.
Any on-site individual wastewater treatment system or
other system with effluent in excess of 1,000 gallons per day.
A.
The Code Enforcement Officer shall have the right to
require that the property owner retain the services of a design professional
to conduct site and soil appraisals (percolation tests and deep holes) and
to design and certify that the wastewater treatment system meets the requirements
of this article and the standards of applicable state laws.
B.
The East Bloomfield Town Board shall have the right to contract with the Ontario County Soil and Water Conservation District through its Uniform Inspection Procedures Program for site and soil appraisals and inspections performed pursuant to § 105-23A of this article.
C.
Wastewater treatment systems that are defined as an alternative
system pursuant to 10 NYCRR Appendix 75-A shall be certified by a design professional.
A.
The Code Enforcement Officer shall be permitted by the
property owner to make a physical inspection of the lands for which a wastewater
treatment system permit or inspection has been requested in order to determine
that all of the requirements of this article have been complied with.
B.
The Code Enforcement Officer, upon complaint or show
of cause, shall be permitted by the property owner to make a physical inspection
of the lands for which a wastewater treatment system is believed to be a cause
or potential cause of pollution or health hazard.
A.
Application material. Applications for wastewater treatment
system permits shall be by the property owner or a duly authorized agent,
accompanied by the appropriate fee, to the Code Enforcement Officer, which
shall include the following information:
(1)
The name, address and telephone number of the applicant.
(2)
Specific location of the property on which the wastewater
treatment system is located or proposed, including the Tax Map number for
said property.
(3)
A sketch plan on a tape location map or survey map of
the premises on which the wastewater treatment system is located or proposed,
showing the location of wells, springs and other sources of water supply,
and the location of all watercourses on the premises.
(4)
Evidence to demonstrate that there is no public sewer
available into which the sewage can be discharged or that it is impractical
to discharge sewage into a community sewerage system.
(5)
Documentation of substantiating data relating to site
conditions, percolation tests, deep hole data and topography of land.
(6)
The Code Enforcement Officer may conduct such investigations,
examinations, tests and site evaluations as it deems necessary to verify information
contained in the application.
B.
Administrative review.
(1)
The Code Enforcement Officer shall not issue a wastewater
treatment system permit unless all pertinent site data has been submitted,
verified and certified as required by this article; all permit fees have been
paid and that the wastewater treatment system complies with all specifications
of state and local laws.
(2)
The Code Enforcement Officer may disapprove an application
if it is determined that any of the following requirements have not been met:
(a)
That the wastewater treatment system, as proposed, will
not conform to the requirements of state and local laws.
(b)
That the applicant has failed to supply all the data
necessary to make a determination as to whether or not such wastewater treatment
system conforms to state and local laws.
(c)
The applicant has failed to pay all necessary fees.
(3)
When the Code Enforcement Officer shall deny the application
for a wastewater treatment permit, within seven working days after taking
such action, the Code Enforcement Officer shall furnish the applicant with
a written notice of denial setting forth in detail the reason for such action.
(4)
No certificate of occupancy shall be issued and no persons
shall occupy any building unless the wastewater treatment system has been
approved in accordance with the provisions of this article.
C.
Inspection certifications.
(1)
Installation of the wastewater treatment system shall
be under the direct supervision of the Code Enforcement Officer.
(2)
The applicant shall be prohibited from covering any component
of the system without proper authorization. Any change of construction approved
by the Code Enforcement Officer shall be noted on the original drawings before
the system is backfilled. As-built plans shall be provided to the Code Enforcement
Officer.
(3)
The Code Enforcement Officer may, by written notice,
order all work stopped on any wastewater treatment system which is in violation
of this article.
D.
Fees. The fees for any permit or inspection performed
pursuant to this article shall be determined from time to time by the East
Bloomfield Town Board.
A.
Circumstances requiring inspection of existing systems.
The authority having jurisdiction shall conduct an on-site inspection of an
existing wastewater treatment system as follows:
(1)
Prior to a change of use. (See Definitions.) The owner
of the property shall arrange for a wastewater treatment system inspection
before any change of use is undertaken. The Code Enforcement Officer shall
determine whether the change represents an increased hydraulic loading to
the system. In instances where a site plan approval, special use permit or
variance is required, the Code Enforcement Officer shall incorporate the wastewater
treatment system inspection report into the review process of the appropriate
Planning Board, Zoning Board of Appeals or Board of Appeals.
(2)
Property owners may request a wastewater treatment inspection
for real estate transactions or other certifications to lending institutions,
purchase offer conditions of buyers of real property, or other requests, or
investigations.
(3)
Expansion greater than 50%. The owner of the property
shall arrange for a wastewater treatment system inspection as an integral
part of the building permit application process. The Code Enforcement Officer
shall determine whether expansion of the building or dwelling, including its
use, represents an increased hydraulic loading to the system. For the purpose
of this article, an existing wastewater treatment system shall be defined
as an accessory structure and, as such, subject to regulation pursuant to
Part 1230 of Subchapter E, Conversions, Alterations, Additions and Repairs
to Existing Buildings of the New York State Uniform Fire Prevention and Building
Code.
B.
Inspection procedure. All existing on-site wastewater
treatment systems requiring an inspection pursuant to this article shall be
performed by the authority having jurisdiction in accordance with the specifications
established as follows:
(1)
The septic tank, inspection ports, distribution boxes
or other distribution devices shall be uncovered and accessible to the Inspector.
In the event that any component of the system cannot be reasonably located,
the Inspector shall so note on the inspection report.
(2)
Sanitary disposal fields shall be staked out or otherwise
identified by general area of location.
(3)
At the discretion of the Code Enforcement Officer, the
septic tank shall be pumped at the expense of the property owner in order
to ensure that the tank is not leaking and that the inlet and outlet baffles
are in place and properly functioning.
(4)
At the discretion of the Code Enforcement Officer, drop
and distribution boxes shall be checked for blockages.
(5)
Verify connection of all drains to an appropriate disposal
system.
(6)
All outside areas, to include nearby lawns, slopes, hillsides,
ditches and watercourses, swales and the shoreline of ponds, lakes and wetlands,
shall be observed for aboveground seepage and to note the quantity and general
quality of surface water where it occurs.
(7)
Conduct dye testing and other methods as may be necessary
to determine system function.
C.
Report of findings.
(1)
Upon completion of the inspection, the Code Enforcement
Officer shall document all procedures and furnish the owner with a report
of findings.
(2)
The report of findings shall contain, at a minimum, the
location, address, name of owner, representative present, dates of testing/inspection,
procedures used, observations and sketches showing fixture, drain and system
layout to adequately document the wastewater treatment system inspection.
A.
Upon discovery of a wastewater treatment system which
is not adequately functioning or determined to have been illegally installed,
the Code Enforcement Officer shall immediately notify the property owner in
writing of the failure or unacceptable condition. It shall be the responsibility
of the property owner to forward notice of such report to other involved or
interested parties. As part of the report, the Code Enforcement Officer shall
determine a course of corrective action and establish a reasonable time frame
for completion of necessary remedies.
B.
Upon receipt of such notice, the property owner shall
be given 30 days to obtain a wastewater treatment permit.
A.
Complaints shall be made to the Code Enforcement Officer
with supporting information that a wastewater treatment system may be deficient
(i.e., observed failure to ground water, surface water or aboveground seepage,
odor or otherwise creating a public nuisance).
B.
Upon receipt of a bona fide complaint or upon personal observation of said wastewater treatment system, the Code Enforcement Officer shall notify the property owner and the inhabitants of said property in writing, within seven business days of receipt of the complaint or personal observation, that an inspection pursuant to § 105-23B of this article is required. A copy of such notice shall be sent to the Clerk of the East Bloomfield Town Board.
A.
Appeals of any actions, omissions, decisions or rulings
of the Code Enforcement Officer shall be made to the Clerk of the East Bloomfield
Town Board and must be instituted within (30) days of the act, omission, decision
or ruling from which relief is sought.
B.
Within 30 days of receipt of a written appeal of an action,
omission, decision or ruling of the Code Enforcement Officer, the East Bloomfield
Town Board, convening as the Local Board of Health, shall give notice of a
public hearing to be held on the appeal.
C.
Within 30 days of final adjournment of a public hearing,
the East Bloomfield Town Board shall affirm, modify or deny the action, decision
or ruling of the Code Enforcement Officer or correct any omission, approve
or approve with conditions or disapprove the appeal.
D.
The decision of the East Bloomfield Town Board shall
be in writing and shall contain findings and the factual basis for each finding
from the record of the hearing, which shall support the decision of the East
Bloomfield Town Board. The East Bloomfield Town Board's discretion in
considering an appeal under this article shall not extend to granting variances
from this article but shall rather be limited to reviewing the Code Enforcement
Officer's interpretation or applications of the terms hereof. Variances
from the substantive requirements (e.g., septic tank sizes, setback distances,
etc.) remain under the jurisdiction of the NYSDOH and the NYSDEC.
In any instance where a wastewater treatment system is located, installed,
constructed, altered, enlarged or extended in violation of this article, or
in any instance where this article is otherwise violated, the East Bloomfield
Town Board may maintain an action or proceeding in the name of the municipality
in a court of competent jurisdiction to compel compliance with the terms of
this article or to restrain by injunction the violation of this article.
Any violation or threatened violation of any of the provisions of this
article, in addition to other remedies herein provided, the East Bloomfield
Town Board may institute any appropriate action or proceeding to prevent unlawful
construction, alteration, repair or reconstruction, to restrain, correct or
abate such violation to prevent the use of the wastewater treatment system
or to prevent any illegal act, conduct, business or use regarding such wastewater
treatment system.
Any permit or approval granted under this article which is based upon
or is granted in reliance upon any material misrepresentation, or upon failure
to make material fact or circumstances known, by or on behalf of an applicant
shall be void.
Any person who violates any provision of this article shall be subject
to a fine not to exceed the sum of $250 or by imprisonment of not more than
15 days, or both. Each week such violation continues after notification to
the person in violation shall constitute a separate violation. Such violation
notice shall be served by certified mail, return receipt requested, or by
personal service.
