[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:
A.Â
To receive applications filed with the Town Clerk.
B.Â
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.
C.Â
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.
D.Â
To approve for issuance a certificate of compliance permitting
the use of such installations that conform to the provisions of this chapter.
E.Â
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.
A.Â
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.
B.Â
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.
