[HISTORY: Adopted by the Town Board of the Town of Athens 7-20-1992. Amendments noted where applicable.]
No septic tank, tile field, seepage pit, cesspool, chemical toilet, privy, pipe or other means for the disposal or discharge of sewage or sink wastes shall be installed anywhere in the Town of Athens except as herein provided.
No installation of a septic tank, tile field, seepage pit, cesspool, chemical toilet, privy, pipe or other means for the disposal or discharge of sewage or sink wastes shall be begun, nor shall the construction, location or alteration of any structure intended for human occupancy be commenced, until an application duly filled out on forms supplied by the Town Clerk and a plot plan showing the intended location of the disposal system proposed to be used in connection with such structure shall have been filed in the Town Clerk's office and approved. In the case of a subdivision, temporary residences or other premises requiring New York State Health Department approval, such approval must be on file with the Town Clerk before an application can be accepted.
All applications submitted must establish that the intended sewage disposal plan meets the requirements of regulations of the New York State Department of Health for the disposal of sewage, particularly Part 75 NYCRR, which regulations are incorporated by reference and made a part of this chapter as though set forth in full herein.
The Town Board shall appoint a competent Code Enforcement Officer who shall be responsible to the Town Board for the performance of the duties hereinafter mentioned and whose appointment shall be held at the pleasure of the Town Board. It shall be the duty of the Code Enforcement Officer:
To receive applications filed with the Town Clerk.
To promptly investigate, when requested by the applicant before installation, any proposed disposal devices indicated in said application. When the proposed installation meets the requirements of this chapter, the Code Enforcement Officer shall approve for issuance a permit to proceed with such installation.
To see that the provisions of this chapter are observed and to inspect the installation after it is completed but before the system is covered.
To approve for issuance a certificate of compliance permitting the use of such installations that conform to the provisions of this chapter.
To view percolation testing being conducted, including the deep test pit, to determine compliance with this chapter and regulations established by the New York State Department of Health. The Code Enforcement Officer shall be available for viewing tests with respect to single lot applications only. Viewing will not be provided for major subdivisions, nor for viewing tests at more than two lots per year per applicant.
One copy of the application shall be returned to the Town Clerk after approval or disapproval of the completed project by the Code Enforcement Officer. When the project is approved, a certificate of compliance shall be issued by the Code Enforcement Officer. Should a project be disapproved, the reason(s) for declining a certificate of compliance shall be noted on two copies of the application, one of which shall be given to the applicant.
If the Code Enforcement Officer declines to approve any proposed installation, the applicant may appeal to the Town Board, whose approval or rejection shall be final.
Nothing contained in this chapter 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 personal 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 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 to reconstruct or alter such disposal system, and each reconstruction or alteration as is required shall be completed within 30 days of application. It shall be unlawful and improper to use said premises for human occupancy until such reconstruction or alteration is completed and approved in the manner provided for new installations.
If the soil testing and site appraisal indicate a conventional septic system is not feasible, plans for an alternate system must be prepared by a professional engineer or registered architect. If the engineer certifies that the site and design meet the requirements for alternative systems of the regulations of the New York State Department of Health, these plans are to be filed with the Town of Athens Code Enforcement Officer. If either the design or site does not comply with Department of Health regulations, the plans must be submitted to the New York State Department of Health with an application for a specific waiver and a plan review fee.
Any violation of this chapter either by the occupancy of a structure without a duly authorized certificate of compliance or by the installation or use of a septic tank, tile field, seepage pit, cesspool, chemical toilet, privy or discharge pipe without compliance with the terms and provisions aforesaid, or any violation of any of the terms or provisions of this chapter, is hereby declared to be a violation 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 guilty of a violation thereof, subject to a fine not to exceed the sum of $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.