An abandoned OWTS shall be plugged
or capped in an approved manner. Abandoned treatment tanks and seepage
pits shall have the contents pumped and discarded in an approved manner.
The top or entire tank shall be removed and the remaining portion
of the tank or excavation shall be filled immediately.
It shall be unlawful to make any
change in the use of any structure without an inspection of the existing
OWTS and approval of the AHJ. The AHJ shall inspect the existing OWTS
and determine if such change of use will require an addition, alteration,
replacement or repair of such system.
An ETU is required to have a service
contract with a certified manufacturer's representative, which provides
for annual inspections or inspections at intervals specified by the
manufacturer, whichever is more restrictive, as well as subsequent
necessary adjustments by adjustments by a certified manufacturer's
representative for the life of the ETU. Within 14 business days of
an inspection, a written report shall be sent to the AHJ that documents
the result of the inspection and provided written certification from
the certified manufacturer's representative that the ETU is fully
functional and operating properly, an is under a service contract.
Failure to hold a service contract, complete the required inspections,
send inspection reports to the AHJ as well as fulfilling the certified
manufacturer's representative's maintenance schedule shall be deemed
a violation of this chapter.
It shall be unlawful to use any failed
OWTS as determined by the AHJ. A failed OWTS shall be corrected or
use of such system shall be discontinued within that period of time
required by the AHJ but such period shall not exceed one year.
An OWTS, its materials and appurtenances,
both existing and new, and all parts thereof shall be maintained in
proper operating condition in accordance with its original design
in a safe and sanitary condition. Devices or safeguards that are required
by this chapter or any applicable law shall be maintained in compliance
with such law under which they were installed. The owner shall be
responsible for maintenance of an OWTS.
The AHJ may allow a nonwaterborne
system as prescribed in Appendix 75-A of Part 75 of Title 10 of NYCRR
for an occasionally occupied structure at a lot of record.
There shall be no activities and/or
conditions permitted that would interfere with the proper operation
of an OWTS. It is specifically prohibited to construct or place anything
that would negatively impact the absorption area as determined by
the AHJ such as, but not limited to: buildings, structures, paving,
trees or shrubs, fill, the parking or crossing by vehicles, aboveground
pools, driveways or parking areas.
All plumbing fixtures shall be connected
to a public sewer system where available. Determination of whether
a public sewer system is available shall be made by the AHJ.
An existing OWTS that is relocated
on a lot of record shall comply with the provisions of this chapter
for new installations.
Additions, alterations, installations,
maintenance work, repairs and/or replacements of OWTS that are caused
directly or indirectly by the enforcement of this chapter shall be
executed and installed in a workmanlike manner, and installed in accordance
to the manufacturer's installation instructions and/or applicable
standard(s).