Where a public sewer is not available, under the provisions of § 130-10, the building lateral shall be connected to a private domestic waste disposal system complying with the provisions of the Rules and Regulations of the NYSDOH, Madison County Health Department, and this chapter, regulating on-site waste disposal systems.
At such time that a public sewer becomes available to a property, a direct connection shall be made to the public sewer, in compliance with this chapter, and any cesspool, septic tank and similar wastewater disposal facilities shall be cleaned of septage, by a licensed septage hauler, and finally either filled with clean sand, bank-run gravel or dirt, or removed and properly disposed of. When the connection is made to the public sewer, the connection to the private wastewater disposal facility shall be broken and both ends of the break shall be plugged, as appropriate. Alternatively, a septic tank may be utilized for connection to an external drain or sump pump to disperse groundwater, but only upon inspection and approval by the Town as set forth in § 130-167.
No person shall install, construct, alter, extend or modify
any domestic waste disposal system without first obtaining a permit
from the Codes Enforcement Officer. A permit must also be obtained
for major repairs to existing waste disposal systems. No permit is
required for minor repairs.
Each permit application shall be accompanied by a permit fee
in the amount as set by the Town Board at the annual organizational
meeting. Applications for renewal of alternative system permits shall
be accompanied by a fee in the amount as set by the Town Board at
the annual organizational meeting.
No building permit shall be issued for a new structure which
will generate domestic waste until a waste disposal system permit
has been issued. A building permit shall not be issued for modifications
to an existing structure until the Codes Enforcement Officer certifies
that the existing waste disposal system is functioning properly and
until the Codes Enforcement Officer issues a waste disposal permit.
No permit shall be issued in those instances where federal,
state or county approval is required unless the waste disposal system
design is approved by the appropriate agency. Federal, state or county
approval alone shall not, however, supersede the provisions of this
article.
All waste disposal systems shall be constructed within one year
from the date of issuance of the permit unless, upon good cause shown,
the Codes Enforcement Officer shall extend the permit in writing.
An extension may be granted for a maximum of one period of 60 days,
which period is to be measured from the expiration date of the original
permit.
Permits may contain general and specific conditions, and every
person who shall have obtained a permit shall conform to the conditions
set forth in said permit as well as the provisions of this article.
The permit application shall contain all of the information
requested by the official permit application forms set forth in Appendix
A, as they may be modified from time to time by the Chief Operator
or the Codes Enforcement Officer.
In addition to the information required by the official permit
application forms, each permit application shall be accompanied by:
A.
A copy of a complete individual disposal system plan and a plot plan
showing the location of test pits, percolation tests and all other
information described in Appendix A (and as amended);
C.
Any other information that may be required by the Chief Operator
or the Codes Enforcement Officer to ensure compliance with this article.
In addition to the information required in this article, each
application for an alternative system permit shall be accompanied
by a plan prepared by a registered professional engineer detailing
the design of the proposed alternative system.
The applicant shall, prior to an application for a permit, conduct
a soil and site investigation. As part of the investigation:
A.
A minimum of two test pits, widely spaced, shall be dug within the
proposed leaching area in accordance with Appendix A. Each test pit
shall be five feet deep and two feet square at the bottom. Test pits
are not to be used for percolation tests.
B.
Percolation tests shall be performed as set forth in the Appendix
A. There shall be a twelve-hour minimum presoak period for all percolation
tests.
Percolation tests may only be performed and certified by a registered
professional engineer, a licensed land surveyor, a certified sanitarian
or a professional geologist certified by the American Institute of
Professional Geologists. The certification shall be in writing and
shall state that the test pit and percolation test requirements of
this article have been complied with.
Except as modified below, the design, construction, installation,
location, maintenance and operation of any conventional waste disposal
system or any other permitted system shall be in accordance with the
Appendix A.
A.
All references in Appendix A to the word "should" are to read "shall."
B.
Surface discharges as referred to in Appendix A are not permitted.
C.
All domestic waste generated by water softeners shall be disposed
of in a separate seepage pit as provided for in Appendix A. Seepage
pits are not permitted for other domestic waste.
Alternative systems, which include any sanitary systems using
any technology approved by the Madison County Health Department, are
permitted within the Town, subject to the following provisions:
A.
Any proposed alternative system must be approved by the Madison County
Health Department.
B.
Construction permits for alternative systems shall only be issued
by the Codes Enforcement Officer after approval has been obtained
from the Madison County Health Department and, where applicable, the
New York State Department of Health and/or the New York State Department
of Environmental Conservation and proof of said approval(s) has been
provided to the Codes Enforcement Officer.
C.
Alternative system construction permits shall expire 12 months from
the date of issuance, and no alternative system may thereafter be
constructed unless the alternative system construction permit is renewed
or reissued.
D.
The applicant must satisfy any and all conditions imposed by the
Madison County Health Department and must abide by any and all inspection,
maintenance and testing requirements imposed by the Madison County
Health Department relative to said alternative system, whether pursuant
to a maintenance agreement with the Madison County Health Department
or otherwise. The applicant must obtain and provide to the Codes Enforcement
Officer proof of compliance with all said conditions, inspections,
maintenance and testing requirements within 30 days of the completion
of the same.
E.
Pursuant to Madison County Health Department requirements, an annual
inspection of an approved alternative system must take place. In addition,
an annual report of such inspection must be submitted to the County
Health Department. A copy of the report shall also be filed with the
Town of Cazenovia Codes Enforcement Officer.
The applicant shall notify the Codes Enforcement Officer at
least four business days in advance of the expected time of completion
of a waste disposal system that a system is ready for final inspection.
No portion of a system, including portions exposed in making
major repairs, shall be covered with soil until the waste disposal
system has been inspected and approved by the Codes Enforcement Officer
or his designee. The Codes Enforcement Officer shall make a reasonable
effort to inspect all systems within two business days from the time
he or she is notified.
The Codes Enforcement Officer may, but is not obligated to,
make inspections during the course of construction of the waste disposal
system to ensure compliance with this article.
No system shall be put into service until the Codes Enforcement
Officer is satisfied that the waste disposal system is constructed
in compliance with federal, state and local law, including this article.
The provisions of this article are supplemental to applicable
federal and New York State laws and regulations. Where the restrictions
imposed by any provision of this article are more restrictive than
restrictions imposed by any other comparable federal or New York State
law or regulation, the more-restrictive provisions of this article
shall govern.
A request for a variance from the strict application of the
standards herein may be made in writing to the Town Codes Enforcement
Officer, who shall render a decision or, in his discretion, refer
the request to the Planning Board for review. Also, at the discretion
of the Town Codes Enforcement Officer, deviations from an approved
system for a new development will require additional review from the
Planning Board for site plan and/or subdivision review, as the case
may be.
No person shall:
A.
Subdivide, as defined by either state or local law, property within
the Town of Cazenovia without submitting as part of the subdivision
process the results of two test pits and two percolation tests for
each proposed lot or parcel. The test pits and percolation tests shall
be in accordance with the provisions of this article.
B.
Offer for sale or sell a lot or parcel of land with an existing waste
disposal system within the area bounded by U.S. Route 20, East Lake
Road, North Lake Road, West Lake Road and N.Y. Route 92 without filing
with the Codes Enforcement Officer a certification that the domestic
waste disposal system is functioning properly and that the system
is in compliance with this article. In the event a seller fails to
comply with this provision, then the buyer shall, within 30 days after
the purchase, comply with this requirement.
The only persons or entities qualified under this article to
perform the design, certification and testing specified herein are
as follows:
A.
A registered professional engineer may design an alternative system.
B.
A registered professional engineer, a licensed land surveyor, a certified
sanitarian or a professional geologist (certified by the American
Institute of Professional Geologists) may certify test pits and percolation
tests.
C.
A New York State certified lab may test a coliform sample.
D.
A registered professional engineer may perform dye tests.
Any violation of this article shall be punished pursuant to the provisions of Article XI.
In addition to the sanctions set forth in Article XI, the Codes Enforcement Officer, after review and recommendation by the Planning Board, may suspend or revoke the right of any person otherwise authorized to certify percolation tests if the Codes Enforcement Officer finds, by a preponderance of the evidence, that such person has taken or certified percolation tests in a manner inconsistent with this article.
The Codes Enforcement Officer shall have all of the authority
as is permitted by law, including the New York Public Health Law,
in addition to the authority conferred by this article.
No statement in this article shall be construed to prevent,
or interfere with, any additional requirements that may be deemed
necessary by the Chief Operator to protect public health and public
welfare.
When the liquid or water-borne effluent from a domestic waste disposal system enters any watercourse, ditch, storm sewer or water supply system located in the Town in such manner, volume, and concentration as to create a hazardous, offensive or objectionable condition in the opinion of the Enforcement Officer, the owner or occupant of the premises upon which such sewage disposal system is located, upon receiving written notice from the Enforcement Officer, shall, within 30 days after receipt of such notice, repair, rebuild or relocate such sewage system for the purpose of eliminating such hazardous, offensive or objectionable conditions. The repair, rebuilding or relocation of the system is to be accomplished in compliance with the rules and regulations of the State Department of Health. Failure to comply the terms of the Enforcement Officer's notice shall be a violation of this chapter, punishable according to Article XI herein.
Where a direct connection to a public sewer is made pursuant to § 130-10, subject to the approval of the NYSDOH, Madison County Health Department and the Chief Operator and following inspection by the Chief Operator, connection of a sump pump and/or house drain may be made to an appropriately prepared septic tank or similar wastewater disposal facility to serve as a groundwater distribution system. Any owner wishing to connect a sump pump and/or house drain to an appropriately prepared septic tank or similar wastewater disposal facility consistent with this section shall submit an application for approval to the Chief Operator accompanied by an inspection fee as set from time to time by the Chief Operator. Connections made pursuant to this section shall be subject to periodic inspection by the Chief Operator at his discretion. Any water, groundwater, stormwater or otherwise which accumulates in a septic tank or similar wastewater disposal facility pursuant to this section shall be disposed of in accordance with applicable law.
A.
License required; fee. No person, firm or corporation shall engage
in the collection, transportation and disposal of the contents of
septic tanks, cesspools and privies without first obtaining a license
from the Town Clerk on a form prescribed by the Clerk and upon the
payment of a fee as set by the Town Board at the annual organization
meeting and upon the posting of a bond to the Town of Cazenovia, Madison
County, New York, in the sum of $1,000 to cover the faithful performance
of the requirements of this article.
B.
Name on vehicle required. All vehicles used in the removal or transportation
of human wastes shall bear the name of the owner in a clear and legible
manner and in permanent form.
C.
Vehicles to be kept clean. All vehicles and appurtenances used in
the removal, transportation or disposal of human wastes shall be kept
in a clean and inoffensive manner at all times.
D.
Transportation of human waste. No human waste shall be transported
in such a manner as to create a nuisance or the loss or discharge
of the material.
E.
Deposit restricted.
(1)
The contents of septic tanks, cesspools, privies, or other human
wastes shall not be deposited in or within 250 feet of any stream,
watercourse or body of water, nor shall it be deposited in any place
or in any manner which will allow the material to drain or become
washed into any body of water, stream or watercourse.
(2)
The contents of septic tanks, cesspools, or privies, or other
human wastes shall not be deposited in or on any public or private
dump or any other land without specific permission of the owner thereof.
(3)
The contents of septic tanks, cesspools, or privies shall not
be deposited on any land unless such land is located at least 1,000
feet from any human dwelling or other place of gathering of people.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
This chapter shall be effective upon filing with the office
of the Secretary of State.
