[HISTORY: Adopted by the Town Board of the
Town of Phelps 12-4-1995 by L.L. No. 5-1995. Amendments noted where
applicable.]
The purpose of this chapter is to preserve and
protect the quality of surface and groundwater in the Town of Phelps.
These standards are established to ensure adequate performance of
wastewater treatment systems, to protect public health and to optimize
the effectiveness of the systems at removing nutrients from wastewater.
A.
The provisions of this chapter shall be in effect
throughout the Town of Phelps and apply to all wastewater treatment
systems not subject to New York State Department of Environmental
Conservation or Department of Health permitted facilities, which facilities
are subject to continuous licensing or regulations by those agencies.
B.
The Town of Phelps hereby declares that this chapter
supersedes and replaces any and all rules or regulations previously
enacted in regard to wastewater management.
If any section, paragraph, subdivision or provision
of this chapter shall be judged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
A.
Wastewater from any new construction shall be discharged
directly into public wastewater disposal systems if available and
accessible within 100 feet of the property line.
B.
If there is no public wastewater disposal available,
residential, commercial or institutional wastewater must be treated
by a wastewater treatment system approved by the regulatory officer
of the Town of Phelps.
A.
No wastewater from a wastewater system shall be deposited
or allowed to escape into any watercourse in the Town or allowed to
surface or be washed over the ground.
B.
No human excreta, either raw or partially decomposed,
may be dipped, pumped or shoveled from a septic, aerobic or holding
tank and placed in or on the ground within the Town of Phelps without
specific approval of the site by the Department of Environmental Conservation
of the State of New York. This is not to preclude proper disposal
within a subservice leach field.
A.
Wastewater systems for new household construction
shall be designed in accordance with New York State Department of
Health Administrative Codes, Rules and Regulations (Appendix 75-A).
The definitions contained in Appendix 75-A shall also apply to these
regulations.
B.
Wastewater systems for new commercial or institutional
construction shall be designed according to the latest edition of
the New York State Department of Environmental Conservation (DEC)
guidelines ("Standards for Waste Treatment Works -- Institutional
and Commercial Sewage Facilities" or current reference).
A.
Construction of replacement wastewater systems may
be designed and must be installed under the direction of the regulatory
officer or a design professional. Replacement systems shall be designed
and installed according to the provisions of Appendix 75-A, if possible.
The design must be preapproved by the regulatory officer.
B.
On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require the system be designed and installed under the direction of a qualified, licensed engineer or registered architect. A holding tank may be constructed under the supervision of the regulatory officer as described in § 136-11.
C.
Households served by replacement systems may be required
to have DEC-certified water conservation fixtures installed prior
to the issuance of a "permit to operate."
D.
If the site is only occasionally inhabited, such as
a hunting camp, and has no water under pressure or wastewater discharge,
the regulatory officer may allow a sanitary privy or other nonwaterborne
system as described in Appendix 75-A. Such structure may not be used
for residential use.
E.
Wastewater systems for replacement commercial or institutional
construction shall be designed according to the latest edition of
the New York State Department of Environmental Conservation guidelines
in "Standards for Wastewater Treatment Works -- Institutional and
Commercial Sewage Facilities" or current reference, if possible. Further,
said systems may require, at the discretion of the regulatory officer,
the stamp of a duly New York State licensed engineer.
A.
The regulatory officer shall be allowed to make regular and thorough inspections during normal working hours of all wastewater treatment systems in the Town for purposes of inspection, observation and testing of wastewater treatment systems. Whenever it appears to the regulatory officer that a wastewater system is in failure or otherwise creating a health hazard (see § 136-5), a written notice of violation shall be given to the property owner specifying the nature of the violation and required corrective action. The owner of the wastewater system has up to 30 days from receipt of the notice of violation to obtain a wastewater system construction permit or to show cause to the Town Board as to why they believe the notice to be in error. Completion of work detailed in the wastewater system construction permit shall be performed within the time period specified in the permit according to § 136-7.
B.
The regulatory officer shall investigate all complaints
under the provisions of this chapter and document all follow-up investigations.
C.
It shall be the duty and obligation of the wastewater
system owner to supply, upon request to the regulatory officer, available
information regarding wastewater system type, capacity, location,
usage, age, maintenance, etc., in order to determine the system's
effectiveness.
A.
Prior to any property transfer, all septic or holding
tanks must be pumped by a DEC-licensed waste hauler at least 10 days
prior to the time of property transfer unless it has already been
pumped and inspected by the regulatory officer within the past year.
If groundwater is high, it may be done within three months after transfer.
The property owner must give the regulatory officer at least 48 hours
notice to arrange for inspection of the septic tank. (It is highly
recommended that property transfer inspections and pumping be arranged
by the property owner as early in the selling process as possible
to obtain an accurate assessment of the system.)
B.
The filtration and/or absorption area must be evaluated
by the regulatory officer at least 10 days prior to the time of property
transfer.
C.
If a lending institution requires a property owner
to obtain a wastewater system inspection for property refinancing,
the regulatory officer shall perform the inspection as per applicable
provisions in this section.
D.
If the wastewater system is determined to be failing or inadequate, a written notice of violation will be issued as per § 136-15, and a construction permit to correct the violation must be obtained prior to new owner occupancy.
E.
For aerobic systems, the new owner must send a signed
copy of a service contract to the regulatory officer within 30 days
after property transfers or they will be served with a notice of violation.
F.
Only the regulatory officer is authorized to conduct
a property transfer or mortgage refinance inspection as defined in
this chapter.
B.
Maintenance of the septic tank will help to protect
the filtration/absorption area from clogging. Septic tanks with total
depth of sludge and scum exceeding 1/3 of the liquid depth as demonstrated
by the regulatory officer, property owner or his agent will be required
to be pumped at the property owner's expense. Physical measurement
is not required if the tank is pumped and visually inspected by a
DEC-certified contractor and is approved by the regulatory officer.
If the tank is undersized, subsequent inspections may be required.
Additional tank volume may be required by the regulatory officer to
meet system use and capacity standards.
C.
After septic tank pumping, the DEC-certified contractor
is required to send a septic tank pumping inspection form to the regulatory
officer verifying the septic tank was pumped and describing its condition
and any other maintenance work completed.
A.
No construction of new, replacement or repair of wastewater
systems shall be commenced until an application for a "wastewater
system construction permit" is reviewed and a permit is issued by
the regulatory officer.
B.
No person shall build, erect, construct, expand, enlarge,
add bedrooms or convert to another use any structure or system that
is subject to the provisions of this chapter and involves wastewater
discharge without first obtaining a wastewater system construction
permit. Building expansions which do not alter property wastewater
discharge, such as the building of a deck or garage, are exempt.
C.
Construction of a system shall be in accordance with
the specifications approved in the wastewater system construction
permit.
D.
No element of the system shall be covered until inspected
and approved in accordance with the wastewater system construction
permit. Covered work shall be uncovered to permit inspection whenever
considered necessary by the regulatory officer.
E.
The regulatory officer shall be notified a minimum
of 48 hours prior to the requested inspection date.
F.
A wastewater system construction permit shall be valid
for up to one year.
A.
Where a written notice of violation has been issued
for an inadequate wastewater system or component thereof, corrective
action according to a wastewater system construction permit must be
completed within six months.
B.
Where a wastewater system violation is considered
by the regulatory officer to be a public health hazard, such as raw
sewage on the ground or entering a watercourse, a maximum of 60 days
will be allowed for corrective action. Corrective action may be required
sooner depending on the risk to health and safety.
No wastewater system shall be placed in operation
or any new building, structure or mobile home be occupied until a
"permit to operate" or "certificate of occupancy" has been issued
indicating that such system has been constructed in compliance with
the wastewater system construction permit.
A.
When an aerobic system is proposed, only NSF-approved
Class 1 aerobic treatment systems are acceptable (for new or replacement
systems) and must be approved by the regulatory officer. For both
new and replacement systems, aerobic tanks are considered a septic
tank substitute only and must be used in conjunction with a properly
located and designed filtration and/or absorption area approved by
the regulatory officer. A DEC SPDES permit is required for surface
discharge.
B.
When an aeration system is used, a visual and audio
warning device shall be installed in a conspicuous location so that
activation of such warning device will alert property occupants of
aerobic unit malfunction or failure. All warning devices shall be
wired separately from the aerobic unit so that disconnecting the aerobic
unit from electricity will activate the warning device.
C.
All aerobic systems shall be provided with a "fail-safe"
filtering system that precludes discharge of untreated waste due to
electrical or mechanical failure.
D.
All aerobic system owners must have a continuous maintenance
contract agreement with an authorized service contractor which includes
at least two inspections a year by the authorized service contractor
and a report of the inspection provided to the regulatory officer.
A copy of service contracts must be sent to the regulatory officer
annually to verify that a continuous contract exists for the aerobic
system. The service contractor shall have the aerobic unit effluent
tested by a certified laboratory to determine that the unit conforms
with NSF effluent limit as required by the regulatory officer.
[Amended 8-10-2015 by L.L. No. 3-2015]
A written notice of violation shall be issued to any property
owner with a wastewater treatment system found in violation of this
chapter, stating the date(s) by which corrective action shall be completed.
Any violation beyond that date shall be punishable by a fine of $250
and/or imprisonment not to exceed 15 days per day of violation. Each
day of violation shall be considered a separate offense. In the event
of continued violations, the regulatory officer may apply for an injunction
or other relief, including property condemnation, from the appropriate
court or Town Board. In the event that the Town institutes proceedings
either in local court, county court or in Supreme Court to enforce
the provisions of this chapter, the offending party(ies) shall be
liable for all attorneys' fees, costs and disbursements incurred
by the Town in bringing said enforcement proceedings. More-severe
penalties than listed above may be imposed by a local court, county
court or Supreme Court for blatant and willful violations, such as
pumping septic or holding tank waste directly into surface water.
Fees will be set by the Town of Phelps and adjusted
as needed to be charged for each wastewater system construction permit
and wastewater system inspection by the regulatory officer.
A.
All definitions printed in Appendix 75-A shall apply
to this chapter.
B.
AGENT
NEW CONSTRUCTION
NSF
REGULATORY OFFICER
REPLACEMENT WASTEWATER SYSTEM
WATERCOURSES
As used in this chapter, the following terms shall
have the meanings indicated:
A person requested, employed or contracted by an owner or
owners, occupant or lessee.
Any building constructed or placed on an undeveloped site
and requiring a new wastewater system.
The National Sanitation Foundation.
The Town of Phelps Code Enforcement Officer or Deputy Code
Enforcement Officer.
The construction or modification of a system servicing an
existing building.
Identified in consultation with the Ontario County Soil and
Water Conservation District and the Department of Environmental Conservation.
