The purpose of this article is to preserve the quality of Cazenovia Lake and surface water and groundwater in the Town of Cazenovia. These standards are established to ensure adequate performance of wastewater treatment systems, to protect public health and to optimize the effectiveness of the systems removing nutrients from wastewater.
This article shall be in effect throughout the Cazenovia Lake Watershed District (as depicted on the attached Cazenovia Lake Watershed District Map)[1] and apply to all wastewater treatment systems not subject to continuous supervision by the New York State Department of Environmental Conservation and/or Health.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
In addition to the definitions set forth in Article II of this chapter, the definitions printed in Appendix A shall apply to this article.
A. 
Wastewater from any new construction shall be discharged directly into the public sewerage system if available and accessible pursuant to § 130-10.
B. 
Where public sewer is not available, residential, commercial or institutional wastewater must be treated by a wastewater treatment system designed by a licensed engineer or registered sanitarian and approved by the Chief Operator and/or Town of Cazenovia Codes Enforcement Officer or the Madison County Health Department and which is in conformity with Article XV of this chapter, when applicable.
No person shall occupy, use or permit the use of a residence, building or structure which has a domestic waste disposal system in the Critical Water Quality Protection Zone unless the residence or structure is in compliance with the following:
A. 
Every domestic waste disposal system in the Critical Water Quality Protection Zone shall be inspected and pumped and certification of the same shall be filed with the Chief Operator and/or Town of Cazenovia Codes Enforcement Officer at least every five years according to the following schedule. At the end of the five-year period, the testing schedule shall begin again in the same sequence.
(1) 
First year: all those properties in the Critical Water Quality Protection Zone on East Lake Road to the intersection with Chard Road, including Ormonde Drive.
(2) 
Second year: all those properties in the Critical Water Quality Protection Zone from Chard Road intersection to the end of North Lake Road.
(3) 
Third year: all those properties in the Critical Water Quality Protection Zone from Owahgena Road, West Lake Road to Hedge Lane.
(4) 
Fourth year: all those properties in the Critical Water Quality Protection Zone from and including Hedge Lane to the end of West Lake Road.
(5) 
Fifth year: all those properties in the Critical Water Quality Protection Zone on Syracuse Road to the end.
A. 
No untreated wastewater from a wastewater system shall be deposited or allowed to escape into any watercourse in the watershed or be 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 of the watershed without the specific approval of the site by the Department of Environmental Conservation of the State of New York.
C. 
Any septic or holding tank that shows evidence of leaking must be replaced or repaired within the time period specified by the Codes Enforcement Officer pursuant to Article XI.
A. 
Wastewater systems for new household construction shall be designed in accordance with Appendix A. The definitions contained in Appendix A shall also apply to this article.
B. 
Wastewater systems for new commercial or institutional construction shall be designed according to the New York State Department of Environmental Conservation guidelines in Standards for Waste Treatment Works - Institutional and Commercial Sewage Facilities, or current reference.
A. 
Construction and replacement wastewater systems shall be designed and shall be installed under the direction of the Madison County Health Department, New York State Health Department and the Chief Operator and/or the Town of Cazenovia Codes Enforcement Officer.
B. 
Replacement household systems shall be designed and shall be installed according to the provisions of Appendix A.
C. 
Wastewater systems for replacement commercial or institutional construction shall be designed according to the NYSDEC guidelines in Standards for Waste Treatment Works - Institutional and Commercial Sewage Facilities, or current reference.
A. 
The Town is empowered to enter upon all properties within the Cazenovia Lake Watershed District serviced by septic or other like domestic waste disposal systems to make regular and thorough inspections of all wastewater treatment systems for the purpose of protection of the health, safety and well-being of the people of the Town of Cazenovia and for the protection of Cazenovia Lake by observation and testing of domestic waste disposal systems. Whenever it shall appear to the Town that a system is inadequate, a written notice of violation shall be given to the property owner, to be served by certified mail, return receipt requested, specifying the nature of the violation and required corrective action. The owner of the system shall have 30 days from the date of mailing of the notice of violation to obtain a wastewater systems construction permit. Completion of work detailed in the domestic waste disposal system construction permit shall be performed within the time period specified in the permit.
B. 
Every system in the Critical Water Quality Protection Zone shall be scheduled for inspection and pumping at least once every five years as provided in § 130-130. For newly installed domestic waste disposal systems, the first required inspection shall be no sooner than five years after installation or one year after installation for a holding tank, unless a property transfer or a complaint requires sooner action.
C. 
Systems that are currently in the Critical Water Quality Protection Zone that have successfully passed inspection and pumping will not be required to repeat inspection and pumping except when required following an inspection under § 130-134A and B above.
D. 
As provided by Public Health Law § 340, Subdivision 3, and pursuant to Resolution No. 240 adopted by the Madison County Board of Supervisors on November 30, 1994, establishing the Madison County Health District and the items covered by the County Health District, the Madison County Department of Health shall investigate all complaints under the provisions of this article and document all follow-up investigations.
A. 
Prior to any property transfer in the Cazenovia Lake Watershed District, all septic or holding tanks must be inspected and 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 Town within the past two years.
B. 
The filtration and/or absorption area must be evaluated by the Town at least 10 days prior to the time of property transfer.
C. 
The Town or its designee shall perform the inspection as per applicable provisions in this section when a lending institution requires a property owner to obtain a wastewater system inspection for property refinancing in the Cazenovia Lake Watershed District.
D. 
Upon discovery that the domestic waste disposal system is failing or inadequate, a written notice of violation will be issued pursuant to Article XI, and a Town-approved construction permit to correct the violation must be obtained prior to property transfer.
E. 
For aerobic systems, the new owner must send a signed copy of a service contract to the authority having jurisdiction within 30 days after property transfer.
A. 
All septic tanks in the Critical Water Quality Protection Zone are required to be pumped at least once every five years and concurrently inspected by the Town as provided in § 130-130 to ensure baffles are adequate; to check for holes or cracks; and to ensure proper overall operation and to protect the filtration/absorption area from clogging and extend the life of the system. The Town shall develop a complete database of every septic system within the watershed in order to establish minimum standards for each homeowner, to protect the public health, safety and welfare and to preserve the lake area. The database shall consist of information taken from an inspection form similar to that attached as Appendix A[1]. If the tank is undersized, more-frequent inspections may be required. Additional tank volume may be required by the entity having jurisdiction to meet system use and capacity standards.
[1]
Editor's Note: Appendix A is on file in the Town offices.
B. 
After septic tank pumping, the DEC-certified contractor is required to send a septic tank pumping inspection form to the authority having jurisdiction, certifying the septic tank was pumped and describing maintenance work completed.
A. 
No construction of new or replacement wastewater systems shall be commenced until application for a septic disposal construction permit is reviewed and a permit is issued by the Town.
B. 
If expansion of greater than 50% of the structure to be serviced by the septic system is proposed, the owner of the property shall arrange for a wastewater treatment system inspection as an integral part of the building permit application process. The Town shall determine whether expansion of the building or dwelling, including its use, represents an increased hydraulic loading to the system. For the purpose of this article, an "existing wastewater treatment system" shall be defined as an accessory structure and as such subject to the regulations pursuant to Appendix J, Existing Buildings and Structures, of the Residential Code of the New York State Uniform Fire Prevention and Building Code (as amended).
C. 
Construction of a system shall be in accordance with the specifications approved in the septic disposal construction permit.
D. 
No element of the system shall be covered until inspected and approved by the Town as being in accordance with the septic disposal construction permit. Covered work shall be uncovered to permit inspection whenever considered necessary by the Town.
E. 
The Town shall be notified a minimum of 48 hours prior to the requested inspection date.
F. 
A septic disposal construction permit shall be valid for one year.
Any wastewater treatment system needing replacement shall be designed by a New York State licensed engineer and must be reviewed and approved by the Madison County Health Department.
No domestic waste disposal system shall be placed in operation, or any new building, structure or mobile home be occupied, until a permit to operate has been issued indicating that such system has been constructed in compliance with the septic disposal construction permit.
A fee will be set by the Town of Cazenovia Town Board and adjusted as needed to charge for each septic disposal construction permit and wastewater system inspection by the Town.