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.
A. 
Where an existing sewage disposal facility has been found to be deficient, the inspector shall notify the owner in writing of such deficiency. A copy of the notice shall be simultaneously filed with the Town Clerk and the Madison County Department of Health. Upon receipt of such notice, it shall be the duty of the owner to make application to the Town Clerk for a permit to reconstruct or alter such disposal system and to complete such reconstruction or alteration within 30 calendar days unless such period is extended in writing by the Town Sanitary Inspector.
B. 
The fee for a reconstruction or alteration permit shall be the same as that for a new installation, and such work will be inspected and approved in the manner for new installations. Correction shall be approved in accordance with guidelines contained in New York State Public Health Law, Appendix 75-A.
C. 
Emergency repairs, meaning repairs designed to prevent or abate an existing or imminent threat to public health, safety or welfare caused or to be caused by on-site wastewater treatment system, may be performed without first obtaining a permit. If the repair would have otherwise required the issuance of a permit under the provisions of this chapter, the Sanitary Inspector shall be notified as soon as practicable after the repair has been completed, and a permit shall then be obtained. In no event shall an emergency repair include enlarging an absorption area or replacing or disconnecting a septic tank.
[Added 10-9-2018 by L.L. No. 3-2018; amended 4-9-2019 by L.L. No. 2-2019]
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.