On sites with topographic, physiographic or other limitations, the authority
having jurisdiction 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 authority having jurisdiction shall take the following
into consideration:
A. Distance separations to drinking water supplies and watercourses.
B. The imminent health hazards resulting from a currently
failed system.
C. Existing lot line setbacks and area requirements as related
to individual properties.
D. The extent to which the limitations are self-created.
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
above ground pools or to install driveways or parking areas over sanitary
disposal fields.
In addition to approvals required herein, a review and approval of 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
11 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 (10NYCRR).
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.