It shall be unlawful for any person to install a water supply
system or to construct, alter, replace a component of an existing
sewage disposal system, or extend a sewage disposal system unless
he has a valid sanitary permit issued by the town. Maintenance and
routine repairs (for example, pumping out a septic system, replacing
a baffle, replacing a cover, repairing a cracked pipe, or replacing
a water pump) on either system do not require a permit. Where replacement
of any component of an existing sewage disposal system in accordance
with the standards of this chapter and Appendix 75-A is unfeasible
because of site conditions and/or restraints, application shall also
be made to the Madison County Department of Health for a specific
waiver approving any requested deviation from such standards.
An application for a sanitary permit shall be filed in the office
of the Town Clerk. The applicant shall furnish all information required
to complete the application. The application shall include the proposed
design. No construction shall begin prior to approval of the proposed
design and issuance of a sanitary permit by the Sanitary Inspector.
The Town Board of the Town of Eaton, by resolution, shall set
and from time to time amend the fees that shall be charged for permits,
inspections and tests.
A site and soil appraisal consisting of a minimum of two percolation
tests and one deep hole test shall be performed at the site of each
sewage disposal area. Additional tests may be required where the soil
structure varies, where large disposal areas are proposed or where
either natural or man-made conditions so require. The site and soil
appraisal shall be conducted by a design professional in a manner
outlined in Appendix 75-A of Part 75 of Title 10 of the New York Code
of Rules and Regulations (10 NYCRR). A written report of said test,
bearing the licensed stamp of the design professional issuing the
report, shall be provided to the Sanitary Inspector.
All new sewage disposal facilities and all alterations and extensions of existing sewage disposal facilities shall be designed by a design professional in a manner approved by the New York State Sanitary Code, after a site and soil appraisal required by §
150-8 is performed.
Completed installation of the approved sanitary system shall
be inspected and approved by the design professional prior to covering
or backfilling of the installation.
A letter of certification certifying the installation is in
conformance with the approved design and bearing the licensed stamp
of the design professional shall be provided to the Town Sanitary
Inspector.
In addition to the approval of the town, a review and approval
by the New York State Department of Health or the New York State Department
of Environmental Conservation, if appropriate, shall be required for
the following conditions:
A. Any realty subdivision as defined by Article 11, Title II of the
New York State Public Health Law or Article 17, Title 15 of New York
State Environmental Conservation Law.
B. Any alternative system as defined by 75-A.
C. Any facility required to be permitted by the New York State Department
of Health.
D. Any commercial sewage disposal system or system with effluent in
excess of 1,000 gallons per day.
[Amended 10-9-2018 by L.L. No. 3-2018; 4-9-2019 by L.L. No. 2-2019]
A. The Sanitary Inspector, or his/her designee, shall have the authority to inspect existing sewage disposal facilities in accordance with Subsection
C below to determine that they function properly.
B. Property owners shall have the opportunity to use a design professional
of their choice to perform the inspection using the Town of Eaton
and New York State guidelines. Inspections shall be performed according
to the provisions of this chapter.
C. Occasions which require a mandatory inspection are as follows:
(1) Change in or expansion of use. The owner of the property shall arrange
for such inspection before any change or expansion of use of the property
which may increase the load on an existing on-site system. The owner
of the property shall arrange for such inspection before the change
or expansion of use is undertaken. Applications for a variance or
special permit shall be reviewed by the Sanitary Inspector to determine
whether the change represents an increased load prior to the applicant
being granted approval by the Planning Board or the Zoning Board of
Appeals as applicable.
(2) Complaint of system deficiency. The Sanitary Inspector shall conduct
an inspection upon receipt of a formal complaint or upon indication
from reasonable evidence that the system is deficient (e.g., observed
failure to groundwater or surface water, or otherwise creates a public
nuisance).
(3) Property transfer within the RD-2 Zoning District. Prior to any property
sale or conveyance (transfer of title) of any developed property within
the RD-2 (Residential District No. 2) zoning district, any existing
on-site wastewater systems shall be inspected by an individual meeting
the qualifications set forth in Appendix B appended to the end of
this chapter, and a report of findings shall be provided to the Sanitary
Inspector.
(a)
The report shall consist of the OTN System Inspection Information
Request and System inspection Findings Worksheet as set forth in Appendix
A appended to the end of this chapter. For purposes of this provision,
this report shall remain valid for three years from the date of inspection.
Aerobic Tank ETV must be checked each year and a report sent to the
Town of Eaton Codes Officer annually.
(b)
In the event that weather conditions reasonably prevent an inspection
and the submission of said report prior to sale or conveyance (transfer
of title) of the property, the new owner must provide the report to
the Sanitary Inspector within six months of transfer of title, and
in that event, the new owner shall be responsible for any upgrades
necessary to obtain an approved wastewater system.
(c)
Within seven days of any such sale or conveyance (transfer of
title), the buyer/transferee of any such property shall send written
notice to the Sanitary Inspector advising of the closing date of such
sale or conveyance.
(d)
These requirements of this Subsection
C shall not apply to:
[1]
A property transfer of vacant land; or
[2]
A property transfer of a parcel(s) which has had a new on-site
wastewater system installed within 36 months prior to the date of
transfer.
(e)
If, based upon the inspection report, the existing wastewater
system is determined to be failing or does not otherwise meet the
requirements of this chapter, a written notice of violation shall
be issued to the property owner, and an approved wastewater treatment
system permit must be obtained within six months of any transfer of
title, property sale/conveyance for consideration. Properly functioning
systems not otherwise in compliance with the requirements of this
chapter may be permitted upon approval of a variance by the Zoning
Board of Appeals.
(4) If a lending institution requires a property owner to obtain a wastewater treatment system inspection and pumping of septic tank for a refinancing of a mortgage loan affecting the property, such report(s) shall be filed with the Sanitary Inspector and must be on the report format referenced in Subsection
C(3)(a) above.
(5) Any noncompliance with the provisions of this §
150-13 shall constitute an offense which shall be deemed a violation. Each day of continuing violation shall constitute a separate and distinct offense and violation punishable by a fine not to exceed $250 or 15 days imprisonment, or both such fine and imprisonment, for each day of violation.
All existing and new sanitary facilities shall be maintained
in good working order at all times. There shall be no activities or
conditions permitted which would interfere with the proper operation
of sewage disposal facilities. It is specifically prohibited to construct
or place buildings, install paving, plant trees or shrubs, regrade
or place fill, allow crossing by vehicles, install aboveground pools
or install driveways or parking areas over sanitary disposal fields.
Owners or persons in control of sanitary disposal fields where such
conditions exist shall be required to remove the same.
Proposals for sewage disposal which have an adverse effect,
or contribute to an adverse effect on the public health, safety and
general welfare shall not receive favorable consideration even though
meeting other requirements of this chapter.
No certificate of occupancy shall be issued and no persons shall
occupy any building within the Town of Eaton unless the well and septic
system have been approved in accordance with the provisions of this
chapter.
Any person who violates any provision of this chapter shall
be punished by a fine not to exceed the sum of $250 or by imprisonment
of not more than seven days or both. Each week such violation continues
after notification to the person in violation shall constitute separate
violation. Such notification may be served by certified mail, return
receipt requested or by personal service.