[HISTORY: Adopted by the Town Board of the Town of South Bristol 10-12-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
Editor's Note: This local law superseded former Ch. 139, Sewage Disposal, adopted 3-10-1986 by L.L. No. 1-1986, as amended.
This chapter shall be known as the "Sanitary Disposal Law."
Applicability. This chapter shall govern the disposal of sanitary wastes and the treatment of sewage by regulating all on-site individual wastewater treatment systems (hereinafter referred to as a wastewater treatment system).
Purpose. The purpose of this chapter 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 sanitary disposal, including 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.
Authority. Enactment of this chapter is pursuant to Article 2 of the New York State Municipal Home Rule Law and Article 3 of the New York State Public Health Law.
As used in this chapter, the following terms shall have the meanings indicated:
- ADEQUATELY FUNCTIONING
- A wastewater treatment system inspected pursuant to § 139-18B of this chapter that is determined by the authority having jurisdiction as not posing a public health threat by virtue of aboveground seepage or contamination of surface or ground water. For the purpose of this chapter an adequately functioning system shall always include a watertight vessel.
- AUTHORITY HAVING JURISDICTION
- The Code officer, Health Officer, Watershed Inspector or other official(s) designated by the town or other regulatory agency having the responsibility to enforce the provisions of this chapter.
- BOARD OF HEALTH
- The Town Board of the Town of South Bristol, convened as a Board of Health pursuant to law.
- CHANGE OF USE
- 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 a different type of commercial use; change from commercial to residential use, or residential to commercial use; change from seasonal to year-round use). A change of use shall also include the removal and replacement of a manufactured or mobile home dwelling, if such replacement is likely to result in an increase in hydraulic loading.
- COMMERCIAL-INDUSTRIAL WASTES
- Any and all wastes other than domestic or human excreta, but not limited to the wastes from commercial, laboratory and industrial processes, wastes from domestic operations or certain trade operations, such as sand grit, waste petroleum products from automotive service stations and the like.
- CONVEYANCE OF REAL PROPERTY
- The transfer of 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.
- The appropriate official or officials of the New York State Department of Environmental Conservation.
- DEPARTMENT OF HEALTH
- The appropriate official or officials of the New York State Department of Health.
- DESIGN PROFESSIONAL
- A person licensed or registered in the State of New York and authorized by New York State Education Law to design wastewater treatment systems described in 10 NYCRR Appendix 75-A.
- The shortest horizontal linear distance from the nearest point of a structure or object to the high-water mark of Canandaigua Lake or the edge, margin or top of a precipitous bank forming the ordinary high-water mark of a watercourse.
- HUMAN EXCRETA
- Feces, urine or other human excretions.
- LOCAL GOVERNING BODY
- The Town Board of the Town of South Bristol.
- MINOR ALTERATIONS
- As used in this chapter, the routine maintenance and repairs to a 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 or distribution box or any addition, alteration or rearrangement of water distribution or drainage piping. Unless herein listed, the authority having jurisdiction shall determine whether a proposed change or repair qualifies as a minor alteration.
- NEW CONSTRUCTION
- Any building constructed or placed on an undeveloped site requiring the installation of a wastewater treatment system and not currently utilizing the same.
- ON-SITE WASTEWATER TREATMENT SYSTEM
- A complete system of piping, watertight vessels or other facilities for the on-site collection, transport and treatment of sewage.
- ON-SITE WASTEWATER TREATMENT SYSTEM PERMIT
- A written permit issued by the authority having jurisdiction.
- Privy pits, holding tanks or other structures or containers for the storage of or disposal of human excreta, commercial-industrial waste and/or sewage, equipped with a properly functioning alarm system, other than a sewage disposal facility, as hereinafter defined.
- Waste liquids containing human excreta, commercial-industrial waste and decomposing matter, waste liquid from bathrooms, kitchens or laundries or polluted liquids of any kind in or from the drainage system or sewer of a domestic dwelling or any structure occupied for commercial, recreational, institutional or industrial purposes.
- SEWAGE DISPOSAL FACILITY
- Any approved units or system of units or devices designed to treat, purify, dissolves and/or distribute sewage. The minimum standard of design and placement of every element of the sewage disposal facility shall be in accordance with 10 NYCRR Appendix 75-A.
- Every spring, pond, stream, marsh or channel of water of any kind, the waters of which flow or may flow into Canandaigua Lake or other source of public water supply.
- That body of land from which or through which water drains into a watercourse.
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 authority having jurisdiction, except as specifically exempted in § 139-7 of this chapter.
It shall be unlawful to change the use of real property, convey real property or expand a building or dwelling, including its use, by greater than 50%, or in any other manner that is likely to result in an increase of hydraulic loading, without an inspection of the wastewater treatment system by the authority having jurisdiction, pursuant to § 139-16A and B of this chapter.
It shall be unlawful to use or maintain any wastewater treatment system that is not adequately functioning.
It shall be unlawful to discharge anything other than sewage into a wastewater treatment system. Surface and subsurface water including roof, cellar, foundation and storm drainage shall not be discharged into a wastewater treatment system nor be disposed of in any manner that affects the proper functioning of the system.
No commercial or industrial waste or sewage shall be placed or spread or be allowed to be placed or spread upon the surface of the ground at any point within the town.
No commercial or industrial waste shall be placed beneath the ground within the town except upon the granting of a permit by either the New York State Department of Health (NYSDOH) or the New York State Department of Environmental Conservation (NYSDEC).
No regulated toxic substance now or hereafter defined as such by state or federal law shall be allowed to be introduced, placed, deposited, stored or transported in, on or through the Town of South Bristol unless a permit is first obtained from the town and/or the state or federal agency having jurisdiction thereof.
Individual household systems. Any wastewater treatment system for new individual household construction or any installation, construction, alteration, replacement, enlargement, extension, repair or other modification of an existing wastewater treatment system shall be designed and built according to the requirements of this chapter and requirements, as may be amended from time to time, of the NYDOH standards for sewage disposal for individual household systems, as set forth in Appendix 75-A of Part 75 of Title 10 of the New York Code of Rules and Regulations (10 NYCRR).
Intermediate-sized sewerage systems. Any wastewater treatment system for new commercial or institutional construction, as well as cluster housing or other multihome developments, or 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 chapter and the requirements, as may be amended from time to time, of the NYSDEC standards for sewage disposal for intermediate-sized sewerage facilities, as set forth in the NYSDEC manual Design Standards for Wastewater Treatment Works: Intermediate-Sized Sewerage Facilities.
No garbage, refuse or putrescible matter shall be deposited in the lake or any watercourse or on or beneath the surface of the watershed within a one-hundred-foot distance of the lake or of any watercourse.
No manure piles shall be maintained or allowed to remain within a one-hundred-foot distance of the lake or any watercourse, provided that this section shall not prohibit the normal spreading of manure which is not in piles, unless such activity shall otherwise be prohibited by law or regulation.
Minor repairs and alterations to wastewater treatment systems shall not require a wastewater treatment permit, provided hat such repairs and alterations 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.
The design standards set forth in § 139-4 of this chapter shall not apply to existing wastewater treatment systems legally installed, repaired or approved by the authority having jurisdiction, prior to the adoption of this chapter and after the dates identified in Subsection B(1) and (2) below, or those systems determined by the authority having jurisdiction to be adequately functioning.
On sites with topographic, size 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 are met, to the greatest extent possible. In evaluating site limitations, the authority having jurisdiction 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 follwing conditions:
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.
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).
Any facility required to be permitted by the NYSDOH.
Any on-site individual wastewater treatment system or other system with effluent in excess of 1,000 gallons per day.
In addition to approvals required herein, wastewater treatment systems, within the Canandaigua Lake Watershed, are subject to review and approval by the Canandaigua Lake Watershed Inspector pursuant to New York State Public Health Law and Section 132.1 of Part 132 of Title 10 of the New York State Code of Rules and Regulations (10 NYCRR). All areas within the Town of South Bristol situate outside the limits of the Canandaigua Lake Watershed are subject to review and approval by the Ontario County Soil and Water Conservation District pursuant to § 139-11B of this chapter.
The authority having jurisdiction 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 hole soils analysis) and to design and certify that the wastewater treatment system meets the requirements of this chapter and the standards of applicable state laws.
The authority having jurisdiction 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 § 139-16 of this chapter.
Wastewater treatment systems that are defined as an alternative system pursuant to 10 NYCRR Appendix 75-A shall be certified by a design professional.
The authority having jurisdiction shall be permitted by the property owner to make a physical inspection of the lands and premises for which a wastewater treatment system permit or inspection has been requested in order to determine compliance with all of the requirements of this chapter.
The authority having jurisdiction, upon complaint or show of due cause, shall request the permission of the property owner to make a physical inspection of the lands and premises for which a wastewater treatment system is believed to be a cause or potential cause of pollution or a health hazard. If refused, the authority having jurisdiction shall apply to the court for a search warrant.
All applications and notices pursuant to this chapter shall be submitted in duplicate to the authority having jurisdiction before any action or work is undertaken. Each application shall be accompanied by plans drawn to scale showing the actual dimensions and shape of the lot, the location and dimensions of each structure, the exact location of the domestic water supply, the nature of the water supply and the exact location and dimensions of the sewage disposal facility. If the subject property contains or the adjacent property contains a watercourse or abuts the lake or other body of water, such application shall set forth the exact location of the watercourse, lake or body of water in relation to the proposed sewage disposal facility.
The application shall include such other information as may be required by the authority having jurisdiction to determine compliance with and provide for the enforcement of this chapter.
The authority having jurisdiction shall have a period not to exceed 15 days to review such application. If it is determined that such application complies with all applicable laws, rules and regulations, he shall issue the requested permit. If the application fails to comply with all applicable laws, rules and regulations, the authority having jurisdiction shall deny the application and advise the applicant of the deficiencies. A new application shall not be considered unless all previously listed deficiencies have been corrected. A new revised application shall comply with all applicable rules and regulations. The authority having jurisdiction shall have a further period of 30 days to review the revised application. In the event that the authority having jurisdiction shall fail to approve or deny an application within the time period set forth, it shall be deemed approved. In no event, however, shall delay in action upon an application be deemed approval if such delay is caused by factors outside of the control of the authority having jurisdiction, which factors shall include but be not limited to:
SEQR review process.
Pending action on the same property before Zoning or Planning Boards.
Pending action on the same property before the County Planning Commission.
Failure of applicant to supply in formation lawfully required and/or requested.
Delay in receipt of any advice or opinion requested pursuant to this chapter.
Judicial review of any prior decisions by any board, agency or person.
Any other factor beyond the control of the duly appointed representative.
Any permit granted shall be prominently displayed upon the subject premises. Only work outlined and approved in the application process may be performed, and work not covered by the permit shall not be performed.
No certificate of occupancy shall be issued, nor shall any person occupy any building, nor shall the sewage disposal facility be used until all the work has been completed and approved in accordance with the provision of this chapter.
Installation of any wastewater treatment or other sanitary disposal facility shall be under the direct supervision of the authority having jurisdiction or design professional.
Covering any component of the system without proper authorization shall be prohibited. Any change of construction approved by the authority having jurisdiction shall be noted on the original drawings before the system is covered. As-built plans shall be provided to the authority having jurisdiction.
The authority having jurisdiction may issue a stop-work order on any system found to be in violation of this chapter.
The fees for any permit issued or inspection performed pursuant to this chapter shall be determined from time to time by the Town Board of the Town of South Bristol.
Circumstances requiring inspection of existing systems. The authority having jurisdiction shall conduct an on-site inspection of an existing wastewater treatment system or other sanitary disposal facility as follows:
Prior to a change of use. The owner shall arrange for an inspection before any change of use is undertaken. The authority having jurisdiction shall determine whether the change represents an increased hydraulic loading of the system and whether the existing system is adequate for the proposed change of use. In instances where a site plan approval, special use permit or variance is required, the authority having jurisdiction shall incorporate the inspection report into the documentation and review process of the appropriate Planning Board or Zoning Board of Appeals.
Prior to a conveyance of real property. The owner of the property shall arrange for an inspection prior to the conveyance of real property. In addition, property owners may request a system inspection for real estate transactions or other certifications to lending institutions, purchase offer conditions of buyers of real property or other requests or investigations.
Expansion greater than 50%. The owner of the property shall arrange for an inspection as an integral part of the building permit application process. The authority having jurisdiction shall determine whether the proposed expansion of the building or dwelling, including its use, represents an increased hydraulic loading of the system and whether the system is adequately sized for the proposed expansion.
Inspection procedure. Inspection of all existing systems requiring an inspection pursuant to this chapter shall be performed by the authority having jurisdiction in accordance with the specifications established as follows:
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 in the inspection report.
Sanitary disposal fields shall be staked out or otherwise identified by general area location.
At the discretion of the authority having jurisdiction, drop and distribution boxes shall be checked for function and blockages.
The authority having jurisdiction shall visually inspect buildings on the property noting the number of bedrooms, the layout and location of all water-using fixtures and plumbing, including but not limited to faucets, sinks, toilets, drains, overflows, laundry equipment, floor drains, sump pumps, water softeners and related systems that may impose an improper or potentially adverse hydraulic loading on the disposal system.
Verify connection of all drains to an appropriate disposal system.
All outside areas, to include nearby lawns, slopes, hillsides, ditches and watercourses, swales and the shoreline of ponds, lakes and wetlands, shall be examined for evidence of aboveground seepage and to note the quantity and general quality of surface water where it occurs.
Conduct such tests, including dye testing, as may be necessary to determine system function.
Report of findings.
Upon completion of the inspection, the authority having jurisdiction shall document all procedures and furnish the property owner with a report of the findings.
The report of findings shall contain, at a minimum, the location, address and name of owner, representative present, dates of testing/inspection, procedures used and observations and sketches showing fixture, drain and system layout to adequately document the system inspection.
Upon verification that a wastewater treatment system is not adequately functioning or is determined to have been illegally installed, the authority having jurisdiction 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 reports to tenants and other involved or interested parties. As part of this report, the authority having jurisdiction shall determine a course of corrective action and establish a reasonable time frame for completion of necessary remedies.
Complaints shall be made in writing, to the authority having jurisdiction, with supporting information that a wastewater treatment or other sanitary disposal system may be deficient (i.e., observed aboveground seepage, odor, etc.)
Upon receipt of a bonafide written complaint or personal observation of said system, the authority having jurisdiction shall notify the property owner and the inhabitants of the residence.
Appeals of any actions, omissions, decisions or rulings of the authority having jurisdiction shall be filed, in writing, with the Town Clerk, and all such appeals shall be made within 30 days of the act, omission, decision or ruling from which relief is sought.
The Town Board shall, within 30 days of receipt of an appeal, convene as the Local Board of Health and shall give notice of a public hearing to be held on the appeal.
The Local Board of Health shall, within 30 days of the final adjournment of the public hearing, affirm, modify or deny the determination of the authority having jurisdiction or correct any omission, approve or approve with conditions or disapprove the appeal.
The proceedings of the public hearing shall be audiotaped, and a verbatim transcript shall be prepared and shall be included and made a part of the public record of the final decision of the Local Board of Health.
The decision of the Local Board of Health shall be in writing and shall, in addition to the minutes of the hearing, contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Local Board of Health.
The Local Board of Health's discretion in considering an appeal pursuant to this chapter shall be limited to reviewing the interpretation and application of this chapter and the terms and requirements thereof. The power of the Local Board of Health do not extend to the granting of variances from the substantive requirements of this chapter (e.g., septic tank size, separation distances, etc.) which shall remain under the jurisdiction of the NYSDOH and the NYSDEC.
Violations. In any instance where a wastewater treatment or other sanitary disposal system is located, installed, constructed, altered, enlarged or extended in violation of the provisions of this chapter, or in any instance where the provisions of this chapter are otherwise violated, the Town Board may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with the provisions of this chapter or to restrain by injunction the violation thereof.
Alternative remedies. Any violation or threatened violation of the provisions of this chapter, in addition to any other remedies herein provided. The 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 use of the wastewater treatment or other sanitary disposal system or to prevent any illegal act, conduct, business or use regarding such system.
Misrepresentation. Any permit or approval granted pursuant to this chapter which is based upon or is granted in reliance upon any material misrepresentation, or upon failure to make material fact or circumstance known, by or on behalf of an applicant, shall be void.
Penalties. The violation of any provision of this chapter shall, for the purpose of conferring jurisdiction to the courts, be deemed a misdemeanor. Each separate violation shall be punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each week such violation continues following service of a notice of violation shall constitute a separate violation. Such notice of violation shall be served by certified mail, return receipt requested, or by personal service.