The following words shall have the following meanings for the
purposes of this chapter:
CONSTRUCTION PROJECT
The building of a dwelling designed for residential purposes
and arranged or intended to be occupied by one family, or two families
living independently of each other.
DEPARTMENT
The Town of Brookhaven Department of Planning, Environment
and Land Management, or any successor department thereto.
INDIVIDUAL SANITARY SYSTEM
A single system of piping, tanks, or other facilities serving
only a single parcel and disposing of sewage or other liquid waste
into the soil of such parcel, which is commonly referred to as an
innovative and alternative on-site wastewater treatment system (I/A
OWTS.)
NITROGEN PROTECTED ZONE (NPZ)
Encompasses an area within 500 feet of surface waters such
as the Atlantic Ocean, Long Island Sound, the Great South Bay, the
Forge River, the Carmans River, and other rivers, lakes, streams,
ponds, ditches or canals within the Town of Brookhaven, this being
that area in which nitrogen discharged from sanitary systems has the
shortest travel time to surface waters. Properties within 500 feet
of surface waters tend also to lie within flood zones or coastal erosion
hazard areas and are subject to flooding and/or collapse if on a bluff
or dune that may result in nitrogen and pathogens from sanitary systems
affecting surface waters to a greater degree than properties located
further from surface waters.
PERSON
An individual, owner, firm, corporation, company, parent
company, subsidiary, limited-liability company, substantially owned
affiliated entity, association, partnership, joint venture, institution,
public body, entity, joint-stock association, partnership, joint venture,
legal representative, agent or any other form of doing business or
any other group of individuals and/or entities and includes the plural
as well as the singular.
SEWAGE
Water-carried wastes from residences, institutions, businesses
and commercial and industrial buildings and establishments, or a combination
thereof, together with such groundwater, surface water and stormwater
as may be inadvertently present. The admixture of sewage with industrial
wasters or other wastes shall also be considered "sewage" within the
meaning of this definition.
Any person who proposes, undertakes, or engages in the creation
of a new construction project, on or after the effective date of this
chapter, which construction project: 1) is located within a NPZ; and
2) requires the installation of an individual sanitary system, pursuant
to Articles five and/or six of the Suffolk County Sanitary Code or
any successor article thereto, shall install an I/A OWTS that discharges
into the ground no more than 19 milligrams of nitrogen per liter of
effluent (19 mg/L) on average as measured over 12 samples taken one
per month for a year.
[Amended 8-10-2017 by L.L. No. 21-2017, effective 8-18-2017]
A. Any applicant/owner of a construction project shall submit a copy
of a Suffolk County Department of Health Services approval for an
I/A OWTS prior to the issuance of a building permit.
B. Permitting
and reporting. The Division of Environmental Protection may, at any
time, require an owner of an I/A OWTS to submit a monitoring report,
engineer's report, and/or performance and maintenance report
demonstrating compliance with the provisions of this chapter.
Any owner of real property within the Town of Brookhaven who incurs a documented cost in connection with complying with Chapter
78A of the Brookhaven Town Code may apply for reimbursement of the cost of the installation of a residential I/A OWTS pursuant to § C12-2D(2) of the Suffolk County Charter (SCC). The request for such reimbursement shall be made to the Suffolk County Sewer Infrastructure Committee ("Committee") which was established by § C12-2D(4) of the SCC to review all applications for funding of sewer infrastructure, sewage treatment projects, and the installation of I/A OWTS, and to make advisory recommendations to the County Executive and the County Legislature as to which projects should receive funding. This section of the SCC was approved at public referendum by the voters of Suffolk County in 2014 and authorizes this funding stream through 2021.
If any clause, sentence, paragraph, section or item of §§
78-1 through
78-8 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof; but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.